Lawyers for the man known as “Victim 6” have filed a new motion in the U.S District Court in Philadelphia. They’re asking a federal judge to allow their case to move forward to a full fact-finding, and, unless a settlement is made, trial.
Victim 6 says he was assaulted in the showers by former Penn State football coach Jerry Sandusky in May 1998.
This latest legal action comes in response to an April 8 request from Penn State asking the judge to dismiss a portion of the case against the university.
In late March Judge Anita B. Brody denied a request from Penn State and The Second Mile, asking for a stay until a lawsuit against Gary Schultz, Graham Spanier, and Tim Curley is resolved.
The former Penn State administrators were implicated in the aftermath of the Sandusky scandal. They are each charged charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice.
It’s considered unlikely the men will testify in other cases until the charges against them are resolved.
Penn State police and child welfare officials investigated the 1988 incident but no charges were filed against Sandusky. Penn State claims that, because Sandusky was not acting in the scope of his duties as a football coach, the university should not bear liability for those actions.
Attorneys representing the university also argue there is no evidence to back-up allegations that Penn State was part of a cover-up.
Howard Janet, a Baltimore-based attorney representing Victim 6, disagrees with Penn State’s assertion that the university should not be held liable, “Sandusky’s abuse of John Doe 6 occurred on Penn State’s premises and had a connection to the kind and nature of his employment as a coach and ambassador for the university.”
Victim 6 was one of eight victims whose testimony convinced a Centre County jury to convict Sandusky last year.
Sandusky is serving 30 to 60 years in state prison for sexually abusing children.
Penn State’s mediators, Kenneth Feinberg and Michael Rozen, have not ruled out the possibility of reaching a settlement with Victim 6.
