Penn State moves to dismiss lawsuit

Jan. 15, 2013 at 2:11 PM
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BELLEFONTE, Pa., Jan. 15 (UPI) -- Penn State University sought to have former assistant football coach Mike McQueary's $4 million defamation claim dismissed.

In a 27-page document filed Tuesday in Centre County Court of Common Pleas, the school asserted McQueary's claims of defamation, misrepresentation of facts and a request for whistle-blower status lack specificity.

McQueary's claim centers on former Penn State president Graham Spanier's November 2011 reaffirmation of the integrity and honesty of former athletic director Tim Curley and former vice president Gary Schultz. McQueary said he warned Curley and Schultz about former assistant football coach Jerry Sandusky and his sexual attacks on children, the Pittsburgh Post-Gazette said Tuesday.

McQueary's complaint also states Curley and Schultz did not report Sandusky's activities to proper authorities although they promised they would.

Penn State contends the actions of Curley and Schultz, even if factual, do not reach the standards for misrepresentation.

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