• Posted on Tuesday, October 2, 2012
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Mike McQueary files whistleblower, defamation lawsuit againt Penn State

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Mike McQueary, a star witness in the Jerry Sandusky case and former Penn State assistant football coach, filed a whistleblower lawsuit against Penn State today and is seeking millions of dollars in damages.

McQueary is seeking damages on the grounds on counts of whistleblower, defamation and misrepresentation. He said the university's treatment of him since Nov. 5, 2011, caused him "much distress, anxiety and embarassment."

The suit also said that the university's support toward Tim Curley and Gary Schultz -- the former administrators who are awaiting trial on perjury charges -- "reinforces the perception that (McQueary) had lied and committed perjury." Former President Graham Spanier issued a news release backing Curley and Schultz, and McQueary's suit said Spanier reiterated that message in a meeting with university athletics staff on Nov. 7.

"President Spanier's statements have irreparably harmed the Plaintiff's reputation for honesty and integrity, and have irreparably harmed the Plaintiff's ability to earn a living, espcially in his chosen profession of coaching football," the suit says.

According to the suit, McQueary was the only assistant coach not invited for an interview for a possible coaching position under new head coach Bill O'Brien.

Nor was he offered to have his legal fees reimbursed by the university, and he has incurred "substantial and ongoing" legal fees. McQueary made an early withdrawal from his pension account to a "substantial" but undetermined penalty, the suit said.

McQueary's was put on administrative leave Nov. 13 and his contract with Penn State expired June 30.The suit said he didn't know the university ended his employment until he saw President Rodney Erickson saying that on TV in July.

His attorney wrote in his suit his salary for 2011-2012 was $140,400 plus other benefits like a bowl game bonus, a company car and a cell phone.

The value of his future earnings over the next 25 years coaching football would have been at least $4 million, the suit says.McQueary testified at Sandusky's trial that he walked into a shower room in February 2001 and saw Sandusky with a young boy.

Sandusky was acquitted of the most serious count from that incident, which was involuntary deviate sexual intercourse.

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"Suits & Sentences" is written by Mike Doyle, who covers the Supreme Court for McClatchy's Washington Bureau. Send a story suggestion.