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January 23, 2013

'Victim 6' files lawsuit against Penn State, Second Mile and Sandusky

The person referred to as “Victim 6” in the Jerry Sandusky sex abuse case filed a lawsuit against Penn State, the Second Mile and Sandusky on Tuesday.

The plaintiff, who is referred to as John Doe 6 in the suit, is formerly a resident of Pennsylvania and currently a resident of another state, according to court documents.

The lawsuit claims that the university had “paramount financial interest in protecting the reputation and commercial viability of its football program” and that the Second Mile, the children’s charity started by Sandusky, had “significant social and financial links” to the university.

Attorneys wrote in the suit that the charity was used as “hunting ground” for Sandusky.

The lawsuit claims that the defendants failed to report Sandusky to the appropriate authorities, despite having knowledge and reason to believe he was sexually assaulting and abusing children.

The lawsuit includes counts of childhood sexual abuse and vicarious liability against all three defendants. It includes counts of negligence, negligent supervision and intentional infliction of emotional distress against Penn State and the Second Mile. It also includes counts of civil conspiracy to endanger children against Penn State and Sandusky and a count of premises liability against Penn State.

University Spokeswoman Lisa Powers said via email that the university is aware of the new civil suit.

“As this is an ongoing piece of litigation, we can't comment further at this time,” Powers said.

According to the lawsuit, the person referred to as John Doe 6 “demands judgement for compensatory damages against Defendants Penn State and Sandusky”… in an amount in excess of ($75,000).” Later in the lawsuit, it does not specify which defendants should be responsible for the compensation.

The person referred to as “Victim 6” testified during the criminal trial in June, which led to Sandusky’s conviction on 45 counts of sexually abusing boys and sentencing of 30 to 60 years in prison.

According to the lawsuit, Sandusky brought the plaintiff into the shower of the Lasch Football Building around May 3, 1998. The lawsuit claims that Sandusky hugged the plaintiff while nude in the shower and said, “I’m gonna squeeze your guts out.” The lawsuit also says that Sandusky put his hand on the plaintiff’s leg while in the car, wrestled with the plaintiff and gave him gifts such as a pair of former head coach Joe Paterno’s socks.

The plaintiff met Sandusky in April 1998 at a Second Mile event when he was 11 years old, according to the lawsuit.

The court documents describe the course of events that followed, when Penn State investigators interviewed Sandusky on June 1, 1998. The district attorney at the time decided not to charge Sandusky and the case was dropped.

The lawsuit also cites information from former FBI Director Louis Freeh’s report regarding what other former administrators knew about the 1998 investigation.

Attorneys from Janet, Jenner & Suggs, LLC, who represent the person referred to as John Doe 6, could not be reached for comment by press time Tuesday. Attorneys representing Sandusky could also not be reached for comment.

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