Joe Paterno Family to Sue NCAA

Submitted by bluebyyou on

The story which never seems to end is back in the news. The Paterno family and certain other trustees are suing the NCAA over the Freeh report, etc.  What is interesting is that Penn State itself is not part of the suit.  Bob Costas was to have had a segment on the suit last night, but I didn't see it.

The suit is designed "to redress the NCAA's 100 percent adoption of the Freeh Report and imposition of a binding consent decree against Penn State University. The reality is that consent decree was imposed through coercion and threats behind the scenes and there was no ability for anyone to get redress," Sollers told Costas.

http://espn.go.com/college-football/story/_/id/9322779/joe-paterno-family-join-lawsuit-vs-ncaa-lawyer-says

Note:  I assume this is not OT as it is B1G-related.  

saveferris

May 30th, 2013 at 8:24 AM ^

I don't get it, didn't the PSU administrators commission the Freeh Report?  The Paterno's are suing the NCAA over accepting a report about improprieties at Penn State that was commissioned by Penn State?

WTF?

CRex

May 30th, 2013 at 8:38 AM ^

That's the really stupid thing.  Everyone at PSU wanted the Freeh report to come back and say how PSU wasn't covering up, had no way of knowing that Sandusky was a rapist, PSU had limited liability here, etc.  It's not like when he was a Regent, Dave Brandon, would have comissioned a report to destroy Michigan football.  

Instead the Freeh Report came back and said "You are in deep shit, go plea bargain with the NCAA."  Somehow in the minds of morons this turns into some conspiracy where the Illumanti infilitrated the PSU Board of Regents just to destroy Paterno.  I suppose I shouldn't be surprised given how the Paterno cultists viewed Joe as the next messiah.  

It looks like the Paternos are just going to keep trying to push the report they paid for as the truly unbiased one and now they're going to try to use lawyers to make it the report of historical record.  Nothing can change that the Freeh report was paid for by the school to discover the true extent of their liability, while the Paterno report was paid for with family funds to clear their patriarch's name.  Only one of those actually appears bias free.  

saveferris

May 30th, 2013 at 9:00 AM ^

Reading the story, the crux of the suit against the NCAA is that they didn't do a thorough investigation of their own to confirm that accepting the findings of the Freeh report were justified.  I can see it now:

"Yes your honor, the NCAA should've conducted it's own third party investigation into the Sandusky affair to confirm or deny the findings of Penn State's own third party investigation of the Sandusky affair.  They had the temerity of simply accepting the findings of the original third party investigation and proposing sanctions based upon it, which we voluntarily accepted.  Make them suffer."

This pisses me off so much.  Can the NCAA tack on another 4 years of bowl ban to these assholes?

I hope Michigan buries these guys by 40 points this fall.

ijohnb

May 30th, 2013 at 9:22 AM ^

came to many conclusions that lacked proper evidentiary support.  Many times the report drew conclusion D by way of fact A and B without confirming or acknowledging crucial fact C that could have signficantly affected the conclusion drawn.  The Freeh report was a combination of real facts and opinions stated as fact without proper qualification.  I am not defending Joe Paterno's role in the events, I am saying that the report itself would have in no way amounted to due process in terms of binding findings to support sanctions.   

goblue20111

May 30th, 2013 at 9:50 AM ^

How much due process is necessary is relative, especially considering the fact that the report was commissioned by those who would have a due process claim. The fact of the matter is the Paternos are trying to clear JoePa's name and that's all they care about. That family and their supporters like Franco Harris are all scum to me. I don't have a single iota of respect for them. The Paternos would not have a due process claim they were not subject to anything themselves.

saveferris

May 30th, 2013 at 10:15 AM ^

Penn State accepted the findings of the Freeh Report.  The NCAA accepted the findings of the Freeh report.  The NCAA proposed sanctions based on the findings of the Freeh Report, which Penn State voluntarily accepted.  Sounds like Due Process to me.  I know part of the suit being brought against the NCAA is that Penn State was coerced into accepting sanctions, but good luck proviing that.

bluebyyou

May 30th, 2013 at 12:14 PM ^

You hit the nail on the head. No one was holding a gun to the head of Penn State to make an agreement with the NCAA.  If they didn't like the penalties they could have fought the NCAA and received four years with the program shut down or whatever the NCAA found to be appropriate after their investigation.  PSU and the NCAA agreed to a contract which bound both parties.  I have yet to see that the person representing Penn State lacked authority in the matter..

There was a lengthy ESPN piece on the various negotiation process which took place over an extended period of time.  

The more crap like this tha goes down, the more likely that O'Brien will start looking for another job after the 2013 season.

WolvinLA2

May 30th, 2013 at 11:29 AM ^

I disagree, this was adequate due process.  Think of this situation as a plea bargain before discovery.  The NCAA said, "This looks bad.  We'll offer you a 4 year bowl ban and 40 scholarships over 4 years if you plead guilty right now.  If you make us dig all of this shit up on our own and we find that it's true, we'll give you the death penalty."  Penn State said OK.  

Think of it like a murder trial.  The prosecutor came to Penn State saying we have a body and it was found in your kitchen.  Care to take your 20 years now?  That's sufficient due process.

CRex

May 30th, 2013 at 9:26 AM ^

If PSU ever joins a lawsuit against the NCAA, definitely give them the death penalty.  Right now though the people suing the NCAA are just the Paterno family and assorted Paterno cultists.   The day after this lawsuit is laughed out of court, the NCAA should announce it is expunging the name Paterno from its history.  His name, his voice, his image, nothing showing Paterno can be used by PSU or appear in any NCAA publication.  That would be an excellent middle finger to the Paterno clan.  

jmblue

May 30th, 2013 at 1:17 PM ^

It's not like when he was a Regent, Dave Brandon, would have comissioned a report to destroy Michigan football.

Not sure I follow you here. Brandon was a regent at the time we conducted the second NCAA investigation (the one that had FBI testimony) and sanctioned ourselves, in 2002. That investigation was not necessarily intended to make us look good. It was pretty much a foregone conclusion that it was going to find damning evidence.

French West Indian

May 30th, 2013 at 1:49 PM ^

"Somehow in the minds of morons this turns into some conspiracy where the Illumanti infilitrated the PSU Board of Regents just to destroy Paterno."

The analysis is off.  Every good conspiracy nut knows that the Illuminati are primarily concerned with protecting themselves, Paterno (and PSU too) just happen to be conveninet scapegoats.  The Illuminatis themselves are actually composed of a network of child-abusing Satanists working at high levels of power and they can easily use the FBI and CIA to cover their tracks.  Like, duh!!

Anyhow, the really interesting aspect of the PSU case is the relative silence around the administrators Spanier, Curley and Schultz.  None of them has said much (wisely too I would think) and although Curley & Schultz have been indicted and faced preliminary hearings, there's been no trial yet?  If there's any conspiracy involved at PSU then we'll get a glimpse of it at the upcoming trials supposedly now set to take place in 2014.  The story is far from being over.  In the meantime, let's see if anybody mysteriosly dies before their trial.

 

Blue in Yarmouth

May 30th, 2013 at 8:27 AM ^

I honestly can't beieve this at all. Now I didn't know Joe personally, but I have to think that if he was even half the man he pretended to be that he will be rolling over in his grave with the actions of his family. 

Honestly, regardless of the role he played in all this it is clear he definitely played SOME role and any man worth a damn would see that and take whatever punishment was handed out given what happened to the victims. 

The fact that this family can't simply say that "maybe Dad wasn't doing the raping, but he helped establish the environment for this to happen so we should just fade into the background and let the victims get the justice they deserve" is beyond me. Seriously, I would think even the Penn State fans would be getting annoyed at what they are doing at this point. 

saveferris

May 30th, 2013 at 8:39 AM ^

Unfortunately, if Joe were half the man he pretended to be, he would have addressed the Sandusky situation decisively when improprieties first came to light.  Instead he chose to try and sweep things under the rug and preserve his image and his legacy.

The Paterno's call this lawsuit a search to correct and injustice.  The only injustice would be for PSU an the NCAA to backtrack on their actions.

ijohnb

May 30th, 2013 at 9:37 AM ^

and I think sentiment will probably turn against the Paternos pretty strong around State college if this continues too long.  The Paterno's reaction is not surprising, however, given the circumstances.  Joe Paterno was seen as flawless, a god amongst men, by not only the school but his family.  The combination of the sudden appearance of such a gaping character flaw along with his quick death left them little time to reconcile these things with themselves or more importantly with him.  The moment they become angry at him that anger will be permanent and that is not the emotion they want to live with.  Not saying it is right, but it is certainly predictable.  Very anagolous to Diane Schuler(Tanonic State Parkway wrongway driver) and her husband's reaction.  Blind irrational denial, but their mind has little control over it.  The entire predicament in almost an impossible pill for the remainder of the Paterno family to swallow.

DLup06

May 30th, 2013 at 8:37 AM ^

Sigh, I hope the NCAA fights the Paterno family side of this and doesn't try to settle to avoid litigation costs. Nothing about this suit is actionable from the Paterno family side of things (Trustees have a slightly better claim for damages, but I think that is spurious as well).

Giff4484

May 30th, 2013 at 9:00 AM ^

I don't think the Paterno's really care about anything else but saving a bit of the old mans image. Joe did a lot of good things for that town but this takes away from all the good he did there and there is no way around it. He tried to hide horrible acts to save his football team...

saveferris

May 30th, 2013 at 9:07 AM ^

His football team, his image, his legacy....In the end, Joe Paterno was a very flawed man with a huge ego that had a massive population idolizing him to feed that ego.  The whole culture of Penn State football is just sick.

I shudder to think what Michigan would be like if 40+ years ago when Don Canham offered Paterno the head coaching job, Joe had accepted.  Michigan was very fortunate to find a coach like Schembechler who was cocky enough to be a winner while being humble enough to not relish the prospect of being elevated to the status of a god.

FreddieMercuryHayes

May 30th, 2013 at 9:08 AM ^

This whole thing is just making me dislike PSU and a certain sect of fans more and more. Like not to long ago when they were pushing to shorten the sanctions because of all the supposed good things they accomplished. How quickly they have forgotten about the actual victims of rape, and the culture that deified the men who made it possible. Take the damn punishment which are a consequence of the actions of those who were in charge, and learn from it. Make sure it never happens again. Whining is showing you never learned anything in the first place.

WMU81

May 30th, 2013 at 9:16 AM ^

The Paterno family is not doing JoePa any favors by this lawsuit. Time can help fix the Image of Joe Paterno but the lawsuit will only make it worse.

LSAClassOf2000

May 30th, 2013 at 9:38 AM ^

...on, you guessed it, Paterno.com. Of note is the paragraph outlining some of the specific charges in this suit.

"The lawsuit lodges six counts against the NCAA, Emmert and Ray, including breach of contract, civil conspiracy, defamation and commercial disparagement. In addition to overturning the sanctions, the lawsuit seeks compensatory and punitive damages from the NCAA for its improper conduct and breach of contract, as well as reimbursement for legal costs. "

What seems to underscore the pervasiveness of the denial in post-Paterno Happy Valley  is that former players are participating in the lawsuit as well as individual members of the Board Of Trustees. The implication, if you read the statement on the site, is that the sanctions as they stand do a "disservice" to "anyone who cares about the truth of the Sandusky scandal". By that, I can only imagine the family meaning "the extent of Joe Paterno's knowledge / role". The cult of personality in Joe Paterno's tenure was clearly of phenomenal scope as it seems to live vibrantly in his death. 

artds

May 30th, 2013 at 9:43 AM ^

Good. Paterno got so shafted by this whole thing. He didn't gain anything from Sandusky's conduct. The guy just wanted to coach football and would have been perfectly content if Sandusky had never gone all Catholic on a bunch of young boys.

DetroitBlue

May 30th, 2013 at 9:53 AM ^

This is exactly why I want to see penn state fans suffer through miserable football teams for the next 20 years or so. Their consistent failure to admit that Paterno didn't take any steps to prevent the abuse of children, over roughly a decade, is getting tiresome. There's some pretty strong circumstantial evidence that paterno knew about Sandusky for at least a decade or so and did next to nothing to prevent it. I don't care why he didn't act, whether it was out of friendship to Sandusky, because he realized a scandal would hurt his team, or any other reason; it doesn't matter. He could've put an end to it and he didn't. For that reason, I have no sympathy for that school, it's players, and especially it's fans. Here's to hoping we hang 50 on them in happy valley this year

Fhshockey112002

May 30th, 2013 at 10:25 AM ^

The Bob Costas interview was pretty terrible. In Costas' defense he invited the NCAA and Freeh along with Penn State, but they did not accept. So the interview was with 3 Paterno supporters (family spokesman Dan McGinn, family lawyer Wick Sollers, and former Governor Dick Thorburgh) the resulting conversation was very one sided.