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Mike McQueary defamation lawsuit against Penn State, stemming from Sandusky case, can go forward, judge rules

Penn State University assistant football coach Mike McQueary arrives at the Centre County Courthouse
Former Penn State University assistant football coach Mike McQueary AP Photo/Gene J. Puskar

(CBS/AP) HARRISBURG, Pa. - A Pennsylvania judge is allowing a whistleblower and defamation lawsuit filed by former assistant football coach Mike McQueary against Penn State to go forward.

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McQueary, who testified in the Jerry Sandusky trial, filed the suit in October. He claims that statements made in 2011, after charges were filed in the Sandusky case, by then-university president Graham Spanier made McQueary look untruthful.

The university had requested the lawsuit be thrown out, but Judge Thomas Gavin says the claims of "outrageous conduct" on the part of the school are sufficient to keep it alive.

Gavin's decision Tuesday gives the school 20 days to respond.

Penn State spokesman Dave La Torre is declining to comment, and a message from The Associated Press seeking comment by McQueary's lawyer wasn't returned.

Spanier faces charges including perjury and obstruction, allegations he denies.

Complete coverage of Jerry Sandusky on Crimesider

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