Sandusky Accuser Sues Penn State for Emotional Distress

We promised to keep you up to date on any Sandusky-related lawsuits. So here we go:

Most recently, one of Jerry Sandusky's accusers has come forward to file a civil lawsuit. The suit names Jerry Sandusky, The Second Mile (Sandusky's charity for troubled youth), Penn State and former university officials, says The Associated Press.

The lawsuit was filed in Federal District Court in Scranton, Pennsylvania on Monday.

Jerry Sandusky was sentenced last week to thirty years in prison. His charges stem from his convictions for molestation and sexual abuse of underaged boys.

Sandusky operated a charity for troubled youth and often met boys through that charity, The Second Mile. While he brought boys to Penn State at times, allegations surfaced that he engaged in sexual activity with the boys on campus grounds, with university officials turning a blind eye to his actions.

The current lawsuit, brought by “John Doe,” alleges that Sandusky approached the boy, now 22, in a swimming pool back in 2005 during a summer camp at Penn State.

The plaintiff claimed that Sandusky grabbed his genitals in the swimming pool. At that point, the boy backed away and left the camp, reports the AP.

The Pittsburgh Post-Gazette has a great breakdown of some of the claims in the lawsuit. The includes negligence claims, claims for intentional infliction of emotional distress, and violation of constitutional rights.

A successful negligence claim should cite the breach of a duty owed by the defendant to the plaintiff. The injury, then, must be foreseeably and actually caused by the breach of that duty.

The plaintiff alleges that he suffered permanent emotional injury and has been traumatized by the incident. Furthermore, he cites a breach of duty owed by the other defendants, namely the officials who stand accused of the cover-up of Sandusky’s behavior.

This cover-up and protection of Jerry Sandusky, the plaintiff cites, is the proximate cause of the emotional injury suffered. There are currently four other cases against Penn State, involving the Sandusky sex-abuse scandal.

The university has indicated that it wants to settle most of the cases, rather than see them in court.

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