Penn State submitted a Memorandum of Law on Thursday to have former assistant coach Mike McQueary’s $4 million lawsuit against the university dismissed, according to court documents.
McQueary filed a lawsuit against the university in October 2012, under whistleblower, defamation and misrepresentation claims, according to court documents.
In the court documents, Penn State argues McQueary’s claims of defamation and misrepresentation are “legally insufficient.”
McQueary’s claim of being wrongfully fired under whistleblower also fails as a matter of law because he was protected under a fixed-term contract and the Pennsylvania Whistleblower Law, Penn State’s attorney’s said in the filings.
The court should dismiss McQueary’s request for punitive damages, as the complaint does not have facts that Penn State acted with malice toward him, Penn State attorneys said in the court documents.
Penn State spokesman David La Torre deferred comment via email to the memorandum.
Penn State’s attorney Nancy Conrad and McQueary’s attorney Elliot Strokoff were unable to be reached for comment as of press time Thursday.