NCAA Investigates Penn StateNovember 22, 2011
West Virginia University Files Motion to Dismiss the Big East Conference’s ComplaintDecember 1, 2011
A previously unknown accuser filed suit against Jerry Sandusky (“Sandusky”), the Second Mile (“SM”), and Pennsylvania State University (“Penn State”). According to the complaint, Sandusky met the Plaintiff in 1992 when he was ten years old through programs sponsored by SM. Plaintiff claims Sandusky sexually abused him from 1992 to 1996 over one hundred times. The complaint explains that such abuse took place in multiple locations including the football coach’s locker room at a Penn State and at a Penn State bowl game. In order to keep Plaintiff silent, Sandusky threatened to harm Plaintiff and his family.
Accordingly, Plaintiff sets forth multiple claims including childhood sexual abuse and vicarious liability, negligence, negligent supervision, premises liability, negligent misrepresentation, intentional infliction of emotional distress, intentional misrepresentation, and civil conspiracy to endanger a child. As it pertains to Penn State, the Plaintiff alleges that Penn State knew or should have known of Sandusky’s “dangerous and exploitive propensities” and that he was an “unfit agent because of his sexual interest in children.” As a result, according to the complaint, Penn State did not adequately exercise or provide the duty of care owed to children. If Sandusky was properly supervised, Plaintiff states Sandusky would not have sexually abused him or others.
As a result of Sandusky’s actions and Penn State and SM’s failure to oversee his actions, Plaintiff claims, among other things, he is damaged and has suffered great pain of his mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life.