Posted on 09/28/2013 8:04:07 AM PDT by Colofornian
HARRISBURG, Pa. -- A lawsuit against the NCAA by the family of late Penn State football coach Joe Paterno and others is fatally flawed and should be thrown out, the organization said in a court filing Thursday.
The filing in Centre County court said the suit contains "sundry misdirected complaints" and argued that the plaintiffs don't have standing to challenge the consent agreement between the NCAA and Penn State over the child molestation scandal involving ex-assistant coach Jerry Sandusky.
"Plaintiffs resort to tortured interpretations of the NCAA bylaws and the case law in an effort to obscure two inescapable facts: they are the wrong plaintiffs and they have sued the wrong defendants," the NCAA wrote.
The lawsuit was filed by the Paterno estate, a few trustees and faculty members, nine former players and two former coaches, including Paterno's son Jay Paterno.
The NCAA said Paterno's estate was not able to say how its commercial interest in his reputation lost value.
"The NCAA is left to guess whether the estate has some cache of autographed footballs that coach Paterno signed before his death but, presumably, were not sold in the seven months between his death and the publication of the consent decree," the NCAA said.
(Excerpt) Read more at espn.go.com ...
Oh Please --
Do you really think after all had transpired that Spanier did not know who Sandusky was???
Spanier met with Curley and Schulz in his office shortly after the incident and even called in the university legal counsel and was perfectly willing to let Curley and Schulz take the fall for this whole thing.
Spanier's MO is plausible deniability. I know nothing. I heard nothing. No one told me. I'm only the President of this 20 billion dollar a year university.
He is/was playing stupid for his own sake. He was invoking his right of plausible deniability. Jerry Sandusky who???
Please tell me you are not buying his act.
This was early 2011. Nothing had transpired. No one knew anything.
If you are assuming he was very involved in the 2001 incident, I just don’t see it. There’s little evidence of that and if there was more, we’d have seen it by now - given how the OAG has acted thus far.
Again. I do not like Graham Spanier. Never have. But you’re reaching here.
According to the Freeh Report and his emails Spanier met with Schulz and Curley in his office and all three decided on a course of action documented in the report with emails and notes.
Is he and are you now saying that that interaction with Curley and Schulz over the Sandusky matter in 2001 did not take place???
What I’m saying is that 10 years later, he had to be reminded who they were talking about. For a busy college president, I don’t think that is out of the realm.
“Then why aren’t all of them being indicted. Knowing of a crime and failing to report is a crime in itself.”
So what you are saying is if I were to see a driver hit a car and scram, if I did not report it I can be arrested and charged? I am not a lawyer but I don’t believe that is the case. I do have the same questions as you do about the charity.
Well that is just plain old BS because he met with Curley and Schulz over the matter and that would not have been forgotten by a competent college President.
Afterall how often is a college president appraised of a child molestation incident that has the potential to derail your much ballyhooed gay friendly college revolution.
You do understand that that is exactly the case for which the Penn State administrators have been charged here.
You didn’t answer my question!!!
What is your problem?
Are you worn out from attempting to rehabilitate a pedophile enabler?
Yeah, yeah we all know by now: Everybody is a liar or is involved in a conspiracy or they don’t know the facts, blah, blah, blah.
And never do you mention the victims!
Er, why didn't the Pedophile Enabler (Paterno) tell McQueary to call the police?
I am not impugning anybody, just sharing what I heard on a major radio program. I listen to the podcast daily and do not recall hearing a retraction as Rush usually does when he is wrong. I did my research and provided a link to show where I got the info. I certainly do not want to spread false info but I can find nothing despite using many different google searches to verify what you say. Perhaps you could provide a link to the information, if one exists? The libs usually make a big deal out of Rush being incorrect and I should be able to find it, but I cannot find anything. I guess I will go on believing it until I can find something to make me believe differently.
You just used the phrase “child molestation incident”...What evidence do you, or anyone else have that that is what was told Mr. McQueary, Dr. Dranov, Joe Paterno, Tim Curley, Gary Schultz, or Graham Spanier?
Testimony 10 years later when confronted with an aggressive OAG, with witnesses aching to put this guy away - reflected in their testimony - doesn’t count.
What evidence do you have that in 2001 (not 2011) someone told any of those people that a kid was sexually molested?
From wiki:
Only U.S. President Bill Clinton has been allowed to mix different flavors of Creamery ice cream.[7] The Creamery normally does not allow mixing of flavors (i.e., having scoops of different flavors in one cone / cup). The flavors President Clinton requested were Cherry Quist and Peachy Paterno.[8] However, when Clinton returned after his tenure as the President, Creamery workers would no longer serve him mixed flavors.
I love Rush as much as anyone, but if you think over the years he's retracted everything he's said that was wrongly sourced, then you are in some sort of dream land.
I gather that different rules apply to certain professions such as educators, doctors, counselors, school coaches, etc. Those individuals are required to report certain crimes to authorities. Different laws are also in effect in different states. As an ordinary guy, I don’t think that I am obliged to report anything I see to authorities but I could be wrong. I certainly would not want to test my theory out by hushing up child abuse like the folks at PSU did.
Have you ever set foot on the campus? I was there during the timeframe in which the crimes occurred. In fact I had more access to the athletic department than most. I will tell you definitively that I never heard even a word of suspicion. It was not common knowledge in the least.
Do you think that Spanier would have taken time out of his busy schedule creating the greatest gay friendly campus in the country if Curley and Schulz wanted to come in to discuss a "horseplay" incident.
Let's get real here.
What they all feared was that it may have been more than just horseplay, afterall Schulz was privy to the 1998 investigation and I'll bet he made sure that "plausible deniability" Spanier knew about it.
Srsly? “hushing up child abuse like the folks at PSU did?”
There is absolutely zero evidence of any such thing - other than louis freeh’s fictional tale.
Have you read his report? Have you read the Thornburgh report? You don’t know shit about this, and yet here you are again - running your mouth telling the world that PSU “hushed up child abuse”.
I know you have a brain. Can you use it please? Why would PSU “hush up child abuse” involving a retired employee? To what gain? What sense would that make?
Why would Mike McQueary tell everyone and anyone about it? Why would he testify? Why would he testify that no one ever told him not to discuss it? Why would he say that he thought Joe Paterno handled everything perfectly?
What planet are you on where any of this makes any damn sense?
For “hushing it up”, they sure told a lot of friggin’ people.
All Styrofoam and paper serving ware does not seem like what an environmentally aware Yankee school would do. PSU is not just any liberal school, it is the home of enviro whacko and global warming hero Michael Mann. I know that my local creamery uses nice, environmentally friendly, reusable bowls for eat in and paper cups for take out. I would never have guessed that normal folks in Killeen, Texas are more environmentally responsible than the educated global warming supporters at PSU. I learn something new every day.
Deflect, deny, deflect, change the topic...whatever.
Did JoePa BELIEVE McQueary? JoePa, for whatever it is worth, DID report what McQueary reported to him (although McQueary had three different stories. IF (BIG IF) the fully clothed and athletic young McQueary (according to one story of McQ) actually was an EYEWITNESS to the naked 60+ year old Sandusky's shower room anal rape of an 11 year old boy, why did not the "heroic" McQueary walk into that shower room, deliver a substantial kick to Sanduskys offending organs, cold cock Sandusky, save the kid, and get Center County Sheriffs, Bellefonte Police or Pennsylvania State Police involved then and there rather than just walking away, going home and telling his Daddy a couple of days later BEFORE telling JoePa?
Yes, hushing up child abuse as the folks at Penn State University did. That is what the whole mess is about and has been for the past few years. The charges are that the PSU leadership did hush up child abuse involving a retired employee. We both know why they would. Former PSU leaders Spanier, Curley and Schultz have all been indicted on charges of grand jury perjury, obstruction of justice, child endangerment, failure to report child abuse and conspiracy. I suppose you think that is all just a big witch hunt to discredit the memory of Joe Pa and that nothing really happened? Everybody just has it out for good old PSU? You impugn the integrity of a respected former director of the FBI and any other officials who disagree with you. You don’t even know me yet you imply that I am an idiot and claim that you are the “thinker”. We’ll see how the trial goes.
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