The Spanier suit was dropped. But it could be resumed if he’s successful with his appeal. On your other comment...
From the A7 report, top of p.37:
The emails discussing planned responses to the 2001 report of Sandusky showering with a child were not definitive in terms of demonstrating what exactly Penn State officials understood about the incident. Freeh investigators acknowledged this; in an entry in the work diary, they ask, "What evidence that they knew it was more than horseplay?"
From Freeh's rebuttal, p.3:
We also understand that the deniers have leaked select draft pages of the Freeh Report, allegedly supporting the finding that an investigator did not agree with Report's conclusions. While we have not reviewed the alleged support for this claim, we have seen a leak of a document from early March 2012, where an investigator noted that there was yet “no smoking gun to indicate [a] cover-up.” This statement made in early March 2012 is fully understandable, as our team had not found the critical “smoking gun” evidence of the 2001 email trove among Schultz, Curley and Spanier until several weeks later, when we discovered the email chain where Spanier agreed to not report Sandusky to the child protective agency, as the “The only downside for us is if the message isn't ‘heard' and acted upon, and we then become vulnerable for not having reported it.”
My
assessment:
Freeh lied.
They had the emails already, including the one he quoted.