NCAA in search of dismissal in Paterno lawsuit

By Evan Hilbert | CBSSports.com

The NCAA is asking a Pennsylvania court to dismiss a lawsuit filed by the Paterno family that looks to relieve sanctions levied in the wake of the Jerry Sandusky scandal.

A group of trustees, former players and coaches, as well as faculty members are involved in the suit, though not the university itself. Since Penn State is not involved, the NCAA posits, the civil lawsuit must be dismissed becuase the university president and the governing body agreed on the sanctions.

Further, the NCAA denies all claims that the body colluded with investigator Louis Freeh to determine the sanctions.

The lawsuit originated in May, when the Paterno family and others sought to have the penalties overturned. The suit alleges that the NCAA levied penalties against Penn State too hastily and bypassed some of its own rules.

"As newly elected trustees...we want to make clear that we fully support the legal claims filed against the NCAA by our trustee colleagues," a statement from trustees Ted Brown, Barbara Doran and William Oldsey said, according to the Associated Press. "We support a legal review of the sanctions imposed on Penn State, the basis for the sanctions and the process used to enact them."

Penalties include a four-year bowl ban, a $60 million fine, and a significant loss in scholarships.

Nine ex-players, four faculty members, two former assistant coaches -- including Joe Paterno's son, Jay -- are named as plaintiffs in the lawsuit, according to the AP.

 
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