Assuming the suit is allowed to move forward as isAvgUser: Barry's response pretty much says it all, but that paragraph in the amended complaint is significant for several reasons:
1. It names Ira Lubert as an additional defendant, thus subjecting him to prospective personal liability for damages, although the likelihood is that PSU will be obligated to indemnify him for any legal costs or judgments that may be levied against him, provided he can establish that his actions on behalf of the University were taken in good faith. (God, do I wish I could have seen the look on Lubert's face when he received the Complaint and Summons.]
2. More immediately, it means that Lubert (as a party to this litigation) now has to incur the personal inconvenience of lining up legal representation, formally notifying the University and requesting indemnification, appearing for depositions if his deposition is properly noticed, and generally having to deal with this litigation on a more personal level.
3. Additionally, Lubert's being named a defendant means that details of his employment , assets, personal conduct, and personal life can conceivably become the focus of depositions, interrogatories, or court testimony (not to mention public scrutiny), and some of that could end up being very inconvenient and/or embarrassing to him, even if he is never found liable.
All of which I regard as very good news. Kudos to Graham Spanier.
Thus, the rationale for my "pessimism" (especially in light of the September ruling)