McQueary files defamation suit against Penn State

Ex-Penn State University assistant football coach Mike McQueary arrives at the Centre County Courthouse to testify in the child sexual abuse trial of former Penn State University assistant football coach Jerry Sandusky in Bellefonte, Pa., Tuesday, June 12, 2012. / AP Photo

STATE COLLEGE, Pa. A former Penn State graduate assistant who testified at the trial of former football assistant coach Jerry Sandusky has filed a whistleblower lawsuit against the university seeking millions of dollars in damages.

The suit filed Tuesday by Mike McQueary alleges defamation and misrepresentation and says the university's treatment of him has caused "much distress, anxiety and embarrassment."

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When reached by CBS News, McQueary had no comment.

McQueary reported seeing Sandusky and a boy in a locker room shower in 2001 but police weren't notified. A Penn State-commissioned report concluded officials concealed the attack due to fears of bad publicity.

McQueary was put on administrative leave in November; his contract expired in June. The suit says his future coaching earnings would have totaled at least $4 million over 25 years.

The suit also asks for: The bonus from the bowl game he would have received if not on paid leave; $4,250 for the value of his work vehicle; reimbursement of legal fees; back pay and benefits thru trial; the tax and penalty he will have to pay for early withdrawal from retirement account; and "...an order for reinstatement, or in lieu thereof front pay, plus general damages as compensation for Plaintiff's distress, anxiety and embarrassment."

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McQueary's lawsuit points the finger directly at former University President Graham Spanier, who allegedly suggested McQueary was "lying in his reports and testimonies."

Additionally, McQueary believes in meetings with former Athletic Director Tim Curley and former Senior Vice President Gary Schultz, they "intended that their misrepresentation induce the Plaintiff not to report the matter to any other law enforcement authority....the Plaintiff has been labeled and branded as being part of a cover-up, which has caused irreparable harm to his ability to earn a living, especially in his chosen profession of coaching football."

[MarineMom711]

It will be a catastrophic injustice and I will be SOOO MAD if this worthless POS gets rewarded for being a coward!!!!!! You SHOULD be distressed, anxious and embarrassed you piece of CRAP, for leaving a defenseless TEN YEAR OLD BOY, in the hands of Jerry Sandusky, when you yourself said "it doesn't take a rocket scientist to figure out what was going on there"....but YOU LEFT HIM....YOU TURNED AROUND AND WALKED AWAY AND LEFT HIM THERE!!! You should have DONE SOMETHING....as an assistant coach...as a school employee and as a member of the human race, you had an obligation to that boy to protect him and you failed in epic proportions!!...and not only did you fail to help him, but you failed to immediately report it...which as an employee of a SCHOOL, you were ALSO OBLIGATED TO DO....which does not mean going home and telling your DADDY!! WORTHLESS, SPINELESS, COWARD!!!

[GL007]

McQueary would you have acted differently that night in the locker room if it were your son on the receiving end of Sandusky, if your answer is YES, you must share Sandusky's jail cell. But then, you live with this every day of your life you were a participant in the rape that night.

[rightontarget]

"McQueary files defamation suit against Penn State."

Of course he did! (Like HE was some kind of "victim" in all this!)

I feel sorry for Joe Paterno. Back in that day and time there were lots of claims of sexual harrassment, molestation and whatever both true and false. (Lots of people seeking "revenge" on someone would make a claim that they "knew" or "saw" something.) My employer at the time sent all of us employees to a seminar on the subject and we were INSTRUCTED to report any and all of these cases to our Human Resources or Corporate Administration. That's what we were SUPPOSED to do. Especially if you did not WITNESS the situation yourself. (lots of law suits were flying around back then) Joe Paterno got a raw deal.

McQueary on the other hand professes to have WITNESSED something. HE could have done something. He SHOULD have done something. He wasn't in fear of losing his job. He was a lousey little "assistant" coach who wasn't even very good at that and was going nowhere and he knew it. I think those "administrators" that were told about this are guilty of trying to cover it up to save Penn State's immage! Those administrative cronies deserve to be punished!

Still, I think lowlife McQueary deserves the most severe punishment anyone could hand out! He certainally does NOT deserve to be rewarded in any way!

[endrepubs]

Penn St. should be suing you McQueary. You watched a fellow coach rape a boy in the shower and did nothing to stop it. Had you stopped that rape, none of this would have happened to Penn St.

[antoniof123]

This guy is a jerk and deserves nothing.

[tmittelstaed]

This guy is slime for not stopping it.

But Penn State is even more slime for creating an atmosphere where Sandusky was allowed to do whatever the F&&& he wanted. Penn state got a tap on the wrist by NCAA, they should have been stripped of their football program for 10 years for this. They need to be bled much, much more, and while I'd rather see the victims doing it, if this slimeo is the only one who will, I say go for it.

[w_roos]

The little weasel.

[Davisrad]

How can he consider himself a "whistle-blower" when he didn't blow the whistle loud enough for anyone to hear? Next time call the POLICE!!! Sandusky's abuse continued way longer than it should have due to this man's cowardly inability to do the right thing.

[DONTKILLCOPS]

It is too bad when the young assistant coach reported illegal, immoral behavior to the head coach Joe Paterno ... that the young man suffered from the way PENN STATE higher ups REFUSED TO ACT ... because they talked to Joe and FELT BAD FOR THE COACH INVOLVED WITH THE ILLEGAL ACTS.

Given the general tone and attitude of the comments to this article, this young coach does deserve MILLIONS and MILLIONS. This will allow him to depart PENN STATE in a manner so as to reward him for his services. That's right all you chicken crap naysayers ..., PENN STATE owes this young man MILLIONS and MILLIONS for not being a coward among criminals, yes ... criminals.

Not only are the fired PENN STATE administrators criminals, it seems that many PENN STATE football news followers are the same. This is why the NCAA LOWERED THE BOOM ON PENN STATE!!!

[hypnotoad72]

So when an employer causes stress by not telling whole truths, obfuscates, tells lies, etc, to employees, they can sue?

Cool.

[hypnotoad72]

krisinal -

Not disagreed.

Still, if everyone acted ethical and honest from the get-go, and that is the one time that anything "trickle down" actually works...

[aaparks]

Mr. McQuery,

You caused the embarrassment. Your selfish action or lack of action caused significant pain and hardship to a number of boys, now young men. Your earning power from coaching, after the public learned of your cowardly behavior, is zero. No one with any common sense would allow you to be near their kids.

I suggest rather than attempt to cash in on your abysmal behavior, you learn from it and move on.

[DONTKILLCOPS]

The NCAA got the picture right!

Before I thought that the NCAA overdid penalties to PENN STATE.

Now that I read about how PENN STATE people follow the dismal events,
I would have to say that PENN STATE does deserve any and all of the crap
that the NCAA and civil court system can pour upon it. The sports administration
of this school covered up GROSS CRIMES for years ... and so called PENN STATE
followers want to shift the blame for this.

Watch what happens in suits against PENN STATE and the fired administrators in
civil court action. Please, please watch what is awarded.