Penn State and The Second Mile are asking a judge to postpone the federal lawsuit filed against them by the man referred to as “Victim 6” during the Jerry Sandusky sex abuse trial, according to court documents filed Feb. 15.
The plaintiff, who is referred to as John Doe 6 in the suit, testified during Sandusky’s trial in June that Sandusky forced him to take a shower with him in the Lasch Football Building in 1998.
Penn State and The Second Mile, the charity Sandusky founded, want a judge to delay the proceedings in regards to the lawsuit until after the criminal cases against former Penn State administrators Graham Spanier, Timothy Curley and Gary Schultz have concluded, according to court documents.
The trial for Spanier, Curley and Schultz is expected to occur in 2014, according to court documents.
The two defendants argue that proceeding with the civil case at the time of the criminal cases and investigations of the three Penn State administrators would be “highly prejudicial,” according to court documents.
“When related civil and criminal actions are pending, the criminal action should ordinarily be tried first to alleviate any Fifth Amendment problems in the civil proceeding,” the defendants argue in the court documents.
Penn State and The Second Mile also argue that because the issues in the civil case are nearly identical to those in the pending criminal cases of the administrators, and they “arise from the same alleged course of conduct” of Sandusky, a stay is appropriate, according to court documents.
The federal lawsuit filed Jan 21. on behalf of the person referred to as John Doe 6 claims that the university had “paramount financial interest in protecting the reputation and commercial viability of its football program” and that the Second Mile had “significant social and financial links” to the university, according to court documents.
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 person referred to as John Doe 6 is demanding “judgement for compensatory damages against Defendants Penn State and Sandusky… in an amount in excess of [$75,000],” as previously reported.
Penn State spokesman David La Torre said Penn State does not comment on pending litigation. 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.
