Attorneys for Mike McQueary filed a response to Penn State’s preliminary objections to McQueary’s whistleblower, defamation and misrepresentation lawsuit Friday, stating that Penn State’s preliminary objections are “without legal merit.”
McQueary and attorneys for Penn State are scheduled to meet for a hearing at 11 a.m. March 18 in Courtroom 3 at the Centre County Courthouse in Bellefonte.
Former assistant coach McQueary filed a $4 million civil lawsuit against Penn State in October, claiming he was defamed by the university, and more specifically, by former university President Graham Spanier, according to court documents.
McQueary also claimed that his reputation and his ability to earn a living as a football coach were damaged as a result of what came to light during the Jerry Sandusky sex abuse case, according to court documents.
McQueary testified at Sandusky’s trial that he saw Sandusky engaging in something of a “sexual nature” with a boy in the Lasch Football Building in 2001. McQueary was placed on administrative leave shortly after Sandusky was charged.
Sandusky was found guilty on 45 counts of sexual abuse in June and is now serving a 30 to 60 year prison sentence.
Penn State first filed its challenge to McQueary’s lawsuit Jan. 15 asking the court to dismiss the claims, stating that McQueary’s complaint is “devoid of sufficient facts to support a claim that Spanier or Penn State acted with evil motive or in reckless indifference to the rights of others,” according to court documents.
In the response filed Friday, McQueary’s attorneys said McQueary’s initial complaint complies with Pennsylvania Rules of Civil Procedure.
McQueary’s lawyers are requesting a briefing schedule from the court and an “expeditious overruling” of Penn State’s objections, according to court documents.
Penn State spokesman David La Torre said the university has no comment on the matter.
McQueary’s attorney Elliot Strokoff did not return a request for comment as of press time Sunday.
