Not posting the PL link....the comments are the usual crap.
Jay Paterno doesn't have a case against Penn State over his firing, U.S. judges rule
Jay Paterno, right, and his father, the late Penn State football Coach Joe Paterno. (PennLive)
By Matt Miller | mmiller@pennlive.com The Patriot-News
Follow on Twitter
on May 12, 2017 at 10:48 AM, updated May 12, 2017 at 11:53 AM
Saying he just doesn't have a case, a federal appeals court has upheld the dismissal of a lawsuit a son of former Penn State football Coach Joe Paterno filed over his firing as an assistant coach for the Nittany Lions.
Jay Paterno and fellow former assistant coach Bill Kenney had no vested legal right to keep their jobs after Bill O'Brien took over the football program in 2012, Judge Joseph A. Greenaway Jr. found in an opinion a panel of the U.S. Court of Appeals for the Third Circuit issued this week.
Nor did Jay Paterno and Kenney prove that Penn State officials slandered them, Greenaway found.
Those conclusions back the call U.S. Eastern District Judge Lawrence F. Stengel made in dismissing the Paterno/Kenney suit in March 2016.
Jay Paterno and Kenney filed their complaint in 2014, claiming Penn State officials violated their rights by dismissing them from their coaching jobs. They also insisted they were unfairly linked to the Jerry Sandusky scandal, which prompted the firing of Paterno's dad.
Greenaway seconded Stengel's finding that Jay Paterno and Kenney "were terminated as part of a shake-up in coaching staff that routinely followed the hiring of a new head coach."
Their claim that their reputations were unjustly smeared because of the Sandusky scandal falls short as well, the appeals judge concluded.
Jay Paterno and Kenney based that argument on statements in several press releases by Penn State and in the consent degree through which school officials agreed to controversial sanctions imposed by the NCAA. They specifically cited a statement in the consent decree that "some coaches, administrators and football staff members ignored the red flags of Sandusky's behaviors and no one warned the public about him."
Yet, as Greenaway noted, neither the decree nor any of those press releases named Jay Paterno or Kenney. The only coaches named were Joe Paterno and assistant coach Mike McQueary, the judge observed.
So there is no slander case because "there is no reasonable connection between 'some coaches' and" Jay Paterno and Kenney, Greenaway wrote.
In any case, he noted, the NCAA consent decree was issued six months after Jay Paterno and Kenney were axed form their coaching posts.
Jay Paterno doesn't have a case against Penn State over his firing, U.S. judges rule
Jay Paterno, right, and his father, the late Penn State football Coach Joe Paterno. (PennLive)
By Matt Miller | mmiller@pennlive.com The Patriot-News
Follow on Twitter
on May 12, 2017 at 10:48 AM, updated May 12, 2017 at 11:53 AM
Saying he just doesn't have a case, a federal appeals court has upheld the dismissal of a lawsuit a son of former Penn State football Coach Joe Paterno filed over his firing as an assistant coach for the Nittany Lions.
Jay Paterno and fellow former assistant coach Bill Kenney had no vested legal right to keep their jobs after Bill O'Brien took over the football program in 2012, Judge Joseph A. Greenaway Jr. found in an opinion a panel of the U.S. Court of Appeals for the Third Circuit issued this week.
Nor did Jay Paterno and Kenney prove that Penn State officials slandered them, Greenaway found.
Those conclusions back the call U.S. Eastern District Judge Lawrence F. Stengel made in dismissing the Paterno/Kenney suit in March 2016.
Jay Paterno and Kenney filed their complaint in 2014, claiming Penn State officials violated their rights by dismissing them from their coaching jobs. They also insisted they were unfairly linked to the Jerry Sandusky scandal, which prompted the firing of Paterno's dad.
Greenaway seconded Stengel's finding that Jay Paterno and Kenney "were terminated as part of a shake-up in coaching staff that routinely followed the hiring of a new head coach."
Their claim that their reputations were unjustly smeared because of the Sandusky scandal falls short as well, the appeals judge concluded.
Jay Paterno and Kenney based that argument on statements in several press releases by Penn State and in the consent degree through which school officials agreed to controversial sanctions imposed by the NCAA. They specifically cited a statement in the consent decree that "some coaches, administrators and football staff members ignored the red flags of Sandusky's behaviors and no one warned the public about him."
Yet, as Greenaway noted, neither the decree nor any of those press releases named Jay Paterno or Kenney. The only coaches named were Joe Paterno and assistant coach Mike McQueary, the judge observed.
So there is no slander case because "there is no reasonable connection between 'some coaches' and" Jay Paterno and Kenney, Greenaway wrote.
In any case, he noted, the NCAA consent decree was issued six months after Jay Paterno and Kenney were axed form their coaching posts.