Penn State will argue why former assistant football coach Mike McQueary’s lawsuit should be thrown out of court today in Bellefonte.
Mike McQueary and Penn State’s attorneys are scheduled to go head to head at 11 a.m. today in Courtroom 3 at the Centre County Courthouse in Bellefonte.
Under the claims of defamation, misrepresentation and whistleblower status, McQueary filed a $4 million civil lawsuit against the university.
Penn State’s attorneys state that McQueary’s claims are “legally insufficient,” and the complaint is not accompanied by facts indicating that Penn State acted with malice toward him. Last month, the university stated this is grounds for dismissal.
Court documents filed March 15 and signed by Penn State attorney Nancy Conrad show today’s hearing will be related to the university’s claims to dismiss the lawsuit.
Listed among the reasons that constitute grounds for dismissal are the plaintiff “misconstruing [former president Graham] Spanier’s statements” and “failing to assert a viable defamation claim,” according to court documents.
According to court documents, the plaintiff relies on “distinguishable” and inappropriate case law to support his misrepresentation claim.
“For all the foregoing reasons, the University respectfully requests that the Court sustain its Preliminary Objections and dismiss the Complaint,” the documents read.
University spokesman David La Torre said he does not have a comment in regards to the hearing on behalf of the university.
McQueary’s attorney Elliot Strokoff could not be reached for a comment as of press time Sunday.