Posted May 29, 2013

Paterno family to file lawsuit against NCAA

NCAAF
The family of the late Joe Paterno will file a lawsuit against the NCAA because of the way it handled its sanctions against Penn State University in the wake of the Jerry Sandusky sex abuse case. (Patrick Smith/Getty Images)

The family of the late Joe Paterno will file a lawsuit against the NCAA because of the way it handled its sanctions against Penn State University in the wake of the Jerry Sandusky sex abuse case. (Patrick Smith/Getty Images)

The family of the late Joe Paterno will file a lawsuit against the NCAA on Wednesday night, according to a report from Scott Gleeson and Daniel Uthman of USA Today Sports. The news will be announced by Paterno family attorney Wick Sollers, former Pennsylvania Governor Dick Thornburgh and family spokesman Dan McGinn during Bob Costas’ Costas Tonight on NBC Sports Network after Game 7 of the Chicago Blackhawks-Detroit Red Wings series.

The lawsuit looks to shed light on the NCAA for its “execution of discipline” in the fallout from the sex abuse scandal surrounding Jerry Sandusky, who was convicted of 45 counts of child sex abuse in 2012. A spokesperson for the NCAA said they will not issue a statement until they have seen the lawsuit.

The family is seeking to appeal the sanctions that were subsequently placed on the University after results from the Freeh report were published, which led to Penn State receiving reductions in its scholarships, a bowl ban and a $60 million fine from the NCAA. According to the appeal, those actions were made in a “fundamentally inappropriate and unprecedented manner.”

USA Today Sports obtained excerpts of the lawsuit to be filed Wednesday evening, which include the following detail on what the NCAA should expect:

“The lawsuit is being filed against the NCAA and Mark Emmert, in his individual and official capacity as the president of the NCAA, and Edward Ray, who was the chairman of the executive committee of the NCAA. It’s being filed by certain trustees, certain former players, certain former coaches, certain former faculty members, as well as the estate of Joe Paterno, to redress the NCAA’s 100 percent adoption of the Freeh Report and imposition of a binding consent decree against Penn State University. The reality is that consent decree was imposed through coercion and threats behind the scenes and there was no ability for anyone to get redress. There was no board approval, there was no transparency, and there was no consideration of this consent decree.”


32 comments
terlilgnt
terlilgnt

Just kick PSU out of the NCAA already.  Let the athletes transfer, but get rid of these people.  They just don't get it.

IronShack
IronShack

Can't these sicko Paterno's just wither away for crying out loud? They've had more than their 15 minutes. 

imrieandrew
imrieandrew

Give it up, Paternos.  Your patriarch turned a blind eye to child rape to avoid tarnishing his football team.  I understand that would not be easy to deal with, but just shut the hell up and accept it.  I'm tired of hearing from you.

Steve Phillips
Steve Phillips

BS! They are trying to clear the current student-athletes and student body for what ONE criminal did at PSU! All you conspiracy idiots who believe Jo Pa and a host of others had anything to do with a cover up are pissing in the wind. The criminal is in jail and that is as it should be.

Get over yourselves and don't penalize a whole generation of students and student athletes who had NOTHING to do with a moron like Sandusky!

Over done with, move on!

gully_jones
gully_jones

Need to change their motto from "We are Penn State" to "We are still in denial"

RonAglund
RonAglund

Didn't they try this before and the courts basically said they had no standing. Penn State could try to sue but they don't want anywhere near a court room or to be seen as trying to get out from under the sanctions.

This is just another attempt to make an end around run so it won't look like it's Penn State trying to weasel out their punishment.

 

Rickapolis
Rickapolis

Let it be. More worms will come out of this can than you are likely to imagine. Trying to rewrite history will only end badly for everyone. Let it be.

amolad
amolad

Somebody please tell the Paterno family that they gain nothing by dragging this out. It only makes them look worse.

Just let it die already.

SandersonKramer
SandersonKramer

Good I hope they bankrupt the NCAA. The NCAA did not have any authority to essentially fine Penn State 62 Million Dollars or any money per se. They totally abused their authority like they usually do. As to the other sanctions maybe that's under their authority, I don't know enough to criticize them for that, but the NCAA has no business whatsoever making Penn State pay 62 Million Dollars or any money whatsoever.

nfinitwordsfoto
nfinitwordsfoto

Pennsylvania's one more rape away from changing their slogan to "Pennsylvania, The Rape State".

davidhudsonone
davidhudsonone

I think this is a huge blunder and these people who still seem to think that the Penn State football program is to special for this punishment are going to cause some details come to light that they should have left alone. There is a reason that they caved on those sanctions so quickly. They stated that the actions of the NCAA were, “fundamentally inappropriate and unprecedented manner.”, well just maybe the actions of all those in charge at Penn State were also “fundamentally inappropriate and an unprecedented lack of concern for the well being of children.”. Do you think for 1 second that if this were say, Alabama or USC or Texas that these same people would have probably been thrilled to see them get the same punishment they received or even worse like death penalty. They should move on. Joe Paterno had a serious lapse in judgement and his legacy is forever tarnished so please just let him rest in peace.

aeppbp
aeppbp

I sincerely pray they bring Mark Emmert and the NCAA to their knees.  No one in their right mind condones anything Jerry Sandusky did but IMO Mark Emmert and the NCAA were vindictive and completely out of line for the manner they operated in this matter.

conor.t.mccartney
conor.t.mccartney

@imrieandrew yeah, we've already got our narrative and have moved on to other issues. I don't want to find out new information that might cause me to have to change my mind. I like to keep things black and white.

DanaBunner
DanaBunner

@amolad It will be a nice payday for the family attorney, win or lose.

John18
John18

Exactly... The statue is not coming back..... And rightly so.Happy Valley is the only place that does not get it.

John18
John18

Exactly... The statue is not coming back..... And rightly so.

Happy Valley is the only place that does not get it.

RonAglund
RonAglund

@SandersonKramer Not true, you want to be a part of the NCAA you subject yourself to their rules and discipline. If Penn State doesn't like it they can leave or easier yet stop putting football above all else it would've saved who knows how many kids lives from being ruined.

nflfame58
nflfame58

@SandersonKramer they shouldn't have vacated JoePa's wins either. What happened off the field had nothing to do with what happened on it and all the perfectly eligible players that worked hard to earn those wins. 

RonAglund
RonAglund

@aeppbp Whatever, Paterno and his cronies covered up and ignored the mounting evidence of Sandusky's pedophilia. There acts of place football and Paterno's legacy ahead of the the protection of children led directly to many more children being abused.

This action just goes to prove that Penn State and the Paterno's still don't give a rats @ss about the kids just about their beloved football program and Joe Pa's legacy.

After this mess, the NCAA should just boot 'em out of the conference and be done with it. I doubt if they'll be missed.

nfinitwordsfoto
nfinitwordsfoto

@aeppbp Boo Effing hoo!  PSU got what they deserved for allowing a child rapist to run free and use their campus and football facilities as a way to stick his wiener in young children.  Paterno knew what was going on, the people above him knew what was going on and now they're paying for it.  

Whatever
Whatever

@aeppbp I agree. While what Sandusky did was reprehensible, the proper redress for the victims was litigation against the university. The NCAA simply slapped sanctions on Penn State at a time when all Penn State wanted was for this scandal to go away. The NCAA sanctions have no basis in any NCAA rules, it was simply that the NCAA "had to do something." What this really showed is just how out of control the NCAA is, and that it can essentially impose its will on member institutions.

J.D.
J.D.

@conor.t.mccartney By all means let's get the "new information" out there, like the hush money that was paid by PSU and others for years and the fact that Ursinus College found out about Sandusky when they did their background checks after he applied for their head coaching job, and PSU convinced them to just cross him off their list and move on. Bloggers have been writing about this stuff all along, but the Gov wants it to go away just like he ignored it all when he was AG.

terlilgnt
terlilgnt

@nflfame58 @SandersonKramer 
Wrong. If Joe had done the right thing to begin with PSU would have taken some heat and lighter sanctions, but those sanctions may have been enough to sway recruits away from PSU.  Since we'll never know who and to what degree that may have been, we must assume that all wins are tainted and therefore vacated.

MikeHarrison
MikeHarrison

@nflfame58 @SandersonKramer  

Spare me.  He knew what was going on, and as the almighty football coach, he allowed it.  HE should have fired Sandusky, but DID NOT.  Once he refused to fire the pedophile, he became a supporter of the pedophile, thus his wins were tainted, because if he had done the right thing, his legacy would be ok.  But no, he was worried about what his legacy would look like if he was found to have employed a pedophile, so instead of firing him and admitting he screwed up, he had the university cover it up.  Those wins deserved to be yanked

muser
muser

@nfinitwordsfoto What kind of brain dead babble is that? If you're going to be an ignorant fool, at least try to be funny.

MikeHarrison
MikeHarrison

@RonAglund @aeppbp  

 Exactly.  I wonder how many pedophiles are going to relocate to Happy Valley now, since its obvious they love pedophiles in that area