Mike McQueary's Complaint vs Penn State

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http://www.co.centre.pa.us/media/upload/MCQUEARY VS THE PENNSYLVANIA STATE UNIVERSITY COMPLAINT.pdf

Writ Filed 5/8/12

Complaint Filed 10/2/12

Type of Case: Whistleblower, Defamation and Misrepresentation

Counsel: Elliot A. Strokoff

For claim of $4 million, or such greater amount as may be proven at trial......

After reading this complaint (recognizing that MM did not do all that I would have hoped to protect the child from the abuse he witnessed) I really don't think he was treated fairly by the school. Spanier gave complete support to Curley and Schultz who were charged with crimes, and none to MM who correctly reported the abuse according to what he was told by Paterno, Curley and Schultz.

He believes he was discriminated against and fired because he did testify to the grand jury about what he saw and knew. They did not even let him know he was fired, he found out from TV!
 
http://articles.philly.com/2012-10-...nd-schultz-mike-mcqueary-schultz-face-charges

...........Since Sandusky's arrest in November, McQueary has become a lightning rod for varying reactions to the case. Critics question why he didn't do more to stop the abuse he says he witnessed, while others have hailed him as a hero for standing up to testify against key figures in Penn State's powerful football program.

He was the only witness to provide testimony that Penn State's administration had been made aware of serious allegations against Sandusky..........

But in his lawsuit Tuesday, McQueary said he, too, suffered "distress, anxiety, humiliation and embarrassment" in the weeks after the scandal broke............
 
McQueary's lawsuit against Penn State could break ground in employment law

http://www.pennlive.com/midstate/index.ssf/2012/10/mike_mcqueary_lawsuit.html

Employment-law attorneys from around the state will be watching former Penn State assistant football coach Mike McQueary’s civil suit against the university, because it just might break ground in their field.


McQueary is claiming in a suit seeking more than $4 million in damages that he was wrongfully fired by Penn State because of his truthful testimony to a state grand jury and in other court proceedings in the Jerry Sandusky child sex abuse case.

The suit does not directly seek protection for McQueary under the state’s whistle-blower statute.

Rather, it asserts that if the court agrees that his cooperation with law enforcement was the cause of his firing as an at-will employee of Penn State, that should be deemed a violation of public policy that the state cannot allow to stand.


More at link.....
 
Reader said:
http://www.co.centre.pa.us/media/upload/MCQUEARY VS THE PENNSYLVANIA STATE UNIVERSITY COMPLAINT.pdf

Writ Filed 5/8/12

Complaint Filed 10/2/12

Type of Case: Whistleblower, Defamation and Misrepresentation

Counsel: Elliot A. Strokoff

For claim of $4 million, or such greater amount as may be proven at trial......

After reading this complaint (recognizing that MM did not do all that I would have hoped to protect the child from the abuse he witnessed) I really don't think he was treated fairly by the school. Spanier gave complete support to Curley and Schultz who were charged with crimes, and none to MM who correctly reported the abuse according to what he was told by Paterno, Curley and Schultz.

He believes he was discriminated against and fired because he did testify to the grand jury about what he saw and knew. They did not even let him know he was fired, he found out from TV!
Click to expand...

Bolded by me:

It is interesting that the two that were not fired, and who were supported by Spanier, are the two that apparently accepted Baldwin's offer to accompany them to the grand jury, and that toed the company line in their testimony. Hmmm.

I understand if they felt they couldn't continue to allow McQueary to be visible on the sidelines, as he certainly was a lightning rod for controversy and represented a constant reminder of the past, but the University's rush to wash their hands of him while protecting Schultz and Curley definitely hurt his chances of ever landing another job in football.
 
Dan Wetzel on MM:

http://sports.yahoo.com/news/ncaaf-...d--files-4-million-whistleblower-lawsuit.html

.............Still, he’s a villain to some in his hometown, ostracized from old friends the lawsuit alleges, going broke as he waits for another turn as a key prosecution witness (in January against Schultz and Curley) and served up as a scapegoat piñata for every aggrieved party in this scandal – from apologist writers to desperate defense attorneys to Penn State fans bitter over NCAA sanctions.

It’s all Mike McQueary’s fault. Except it isn’t.

Whether he wins this lawsuit or not – or whether Penn State simply settles – remains to be seen. It’ll come down to the wording in his contract and the opinion on whether president Graham Spanier blackballed him or not. There’s no sense in predicting it.

That McQueary deserves the chance to clear his name and explain his circumstance, to fight off the confused attacks from parties desperate to find a scapegoat, is obvious. ...............

No, Mike McQueary didn’t do enough to stop Jerry Sandusky. No, he didn’t scream loud enough about what he saw. What he did though was more than any other person at Penn State did for a long time. While McQueary ranks extremely low on the list of victims of the Sandusky case, he was affected.

He’s out of work. He’s out of money. He’s out of his career. He’s out of Penn State’s support system even as the school pays for the defense of Curley and Schultz.

He alleges, in his whistleblower suit, that Spanier’s publicly and privately stated “unconditional support” for Curley and Schultz essentially branded McQueary a liar and ruined him. It claims his employer picked sides and killed his career and reputation. All he's ever done, he said, was tell the truth. And now he's paying for it............
 
Thanks for that article, Reader. I hope McQ wins this case. I don't know if he will or not but I hope so.
 
I don't feel a bit of pity for him.
He witnessed a boy getting raped and didn't physically try to stop it, then he did the bare legal minimum to report it.
I agree his career is in ruins, but it's due to his own (in)actions. I can't imagine many men would show him much respect or take orders from him. I know I wouldn't.
JMO
 
Oh I agree that MM did the bare minimum in reporting this incident. The idea that he was so upset that night and became weakened at the thought of what he saw should have told him that this was a serious situation that would or should have gone to other authorities. Or somehow to follow up by asking what about the reporting later on. He knew it was JS and not some stranger in the shower room. It will be interesting to see what the other two lawsuits will bring to those in Administration.
 
back2back19 said:
Thanks for that article, Reader. I hope McQ wins this case. I don't know if he will or not but I hope so.
Click to expand...


If that was your son getting raped in the showers by Jerry Sandusky would you feel the same way?
 
PHB said:
I don't feel a bit of pity for him.
He witnessed a boy getting raped and didn't physically try to stop it, then he did the bare legal minimum to report it.
I agree his career is in ruins, but it's due to his own (in)actions. I can't imagine many men would show him much respect or take orders from him. I know I wouldn't.
JMO[/QUOTE

I totally agree! Why didn't his outrage overcome his fear of his position and run over and stop it immediately! He was a coward. He has to live with himself and his decision for the rest of his life. If he had stopped it then, other poor boys would not have suffered this horrible abuse!
Click to expand...
 
There were two phases for McQueary- the first in the shower room where we wish he had trusted his own eyes and judgement and known how to challenge Sandusky. A time of individual action. At this point he would have been most effective at saving that boy.

The next phase started the minute he decided to call his father- he stepped inside the cadre system of collective action. His father- ex-military, then medical/corporate; Dr. Dranov- medical; Paterno- team sports; the Penn State admin- corporate. All worlds where playing your assigned position, reporting upline, and yielding your own opinions or interests for the group's well-being are considered right. From here on, everyone would have preferred that Mike didn't actually see what he thought he did.
 
PHB said:
If that was your son getting raped in the showers by Jerry Sandusky would you feel the same way?
Click to expand...

Huh? I don't think tht has anything to do with McQ's suit. I think he got screwed and is being made the scapegoat for PSU. He sucks for not doing more but there are others who are even more to blame. I hope he wins but that doesn't mean I don't think he failed that boy. I just don't agree with how PSU handled it.
 
PHB said:
I don't feel a bit of pity for him.
He witnessed a boy getting raped and didn't physically try to stop it, then he did the bare legal minimum to report it.
I agree his career is in ruins, but it's due to his own (in)actions. I can't imagine many men would show him much respect or take orders from him. I know I wouldn't.
JMO
Click to expand...

Thank you, PHB. I feel exactly the same way you do.

MOO & Furthermore:

No way would I ever give a break to anyone, regardless of who they are, that witnessed child molestation and/or rape and did not report it at the very moment it took place. You don't call your Dad, then wait until the next morning to tell anyone in authority. In fact, the proper authority at the time of occurance would have been LE, not a football coach! He witnessed a sordid crime occurring and did nothing at the time that would have really meant something. I don't see how he can even live with himself. I also don't understand how anyone can feel compassion for this man. If I were on the jury, I would not award him any money whatsoever!

Sorry, that is just the way I feel.

IMO
 
back2back19 said:
Huh? I don't think tht has anything to do with McQ's suit. I think he got screwed and is being made the scapegoat for PSU. He sucks for not doing more but there are others who are even more to blame. I hope he wins but that doesn't mean I don't think he failed that boy. I just don't agree with how PSU handled it.
Click to expand...

Agree...and we're each allowed our own opinions without having to answer a personal question about it....IMO.....
 
How can McQueary prove he was harmed?

"The university made a court filing Tuesday that says Mike McQueary's lawsuit is too vague and doesn't meet legal standards to support claims of defamation and misrepresentation.

McQueary is suing the university for millions of dollars, saying the president made him a scapegoat after Sandusky, a retired assistant football coach, was arrested.

The school's lawyers say it's not enough for McQueary to have been embarrassed or annoyed. The filing says he also has to show he suffered harm that "has grievously fractured his standing in the community of respectable society."

http://espn.go.com/college-football...ny-lions-lawyers-attacks-mike-mcqueary-claims
 
The short answer is Spanier's claim regarding Curley and Schultz.
 
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