Penn State pedophilia

[Cougarmandias]

Penn State is the primary state university in Pennsylvania. It has the full faith and credit of Pennsylvania behind it; it is a public agency. It also has hundreds of millions of dollars in liability insurance.

Also, depending on Pennsylvania laws, there may be sovereign immunity. There may be ways around this (suiing under federal statute, e.g.), but those ways have traps and defenses unique to them and usually don't allow for punitive damages.

My 30-second totally crappy legal analysis is that, depending on Pennsylvania sovereign immunity and tort restrictions, the litigation risk is real, PSU and/or its insurer will be paying lots of cash for settlement and in attorneys fees, but the reputational damage is the real killer.

[UtahDan]

I don't think I've ever seen this occur, and I have seen children severely burned by gasoline fires and die slow and agonizing deaths directly because of business executives' gross negligence. There are other ways to achieve vindication than casting your fate to a court of law where a lot of money is being offered. There is publicity, starting a charity, etc.

I can tell you're not a litigator. Civil litiagation is ultimately about money, unless you're a fool, regardless of how severe the injury. It's a highly inefficient and ultimately unreliable means to simply vent your spleen and make a statement.

I understand what Niku means about people needing to have their "day in court" so to speak. But I often find that getting their deposition taken fulfills this need on some level. I agree with you that it is about the money most of the time. I have certainly had clients want to go forward when it was not in their best interest to and there was fair money on the table, but I don't think I have ever had a case where I didn't ultimately talk them out of it.

[Pheidippides]

I understand what Niku means about people needing to have their "day in court" so to speak. But I often find that getting their deposition taken fulfills this need on some level. I agree with you that it is about the money most of the time. I have certainly had clients want to go forward when it was not in their best interest to and there was fair money on the table, but I don't think I have ever had a case where I didn't ultimately talk them out of it.

I can believe that. I think once the initial ability to be heard is met and the toil and drag of the suit goes on, people will get fatigued and settle. I guess my point should be that there is a class of people that won't settle without at least instituting the suit.

[SeattleUte]

I can believe that. I think once the initial ability to be heard is met and the toil and drag of the suit goes on, people will get fatigued and settle. I guess my point should be that there is a class of people that won't settle without at least instituting the suit.

Usually a complaint gets filed. For one thing, there's always concern about the statute of limitations. And there's often no avoiding invoking the adversary system to get the most advantageous deal. But a trial is a whole new Rubicon to cross, especially when there is abundant money reserved for settlement, and there are other means to vindicate victims.

The lawyers will do well on both sides.

[CJF]

I understand what Niku means about people needing to have their "day in court" so to speak. But I often find that getting their deposition taken fulfills this need on some level. I agree with you that it is about the money most of the time. I have certainly had clients want to go forward when it was not in their best interest to and there was fair money on the table, but I don't think I have ever had a case where I didn't ultimately talk them out of it.

I think that is a very fair point. My gut feeling is there will be at least one family who will want to attack the attacker. PSU allowed this to continue in the name of their honorable football program. Being able to publicly punish those who allowed it might be worth more than money to some.

The question I have for you is what kind of risk would there be for not settling when others have settled?

[DU Ute]

The lawyers will do well on both sides.

At least someone will come out a winner in all this!

[Pheidippides]

Usually a complaint gets filed. For one thing, there's always concern about the statute of limitations. And there's often no avoiding invoking the adversary system to get the most advantageous deal. But a trial is a whole new Rubicon to cross, especially when there is abundant money reserved for settlement, and there are other means to vindicate victims.

The lawyers will do well on both sides.

I've misunderstood you then. I agree this is the likely result.

[LA Ute]

I understand what Niku means about people needing to have their "day in court" so to speak. But I often find that getting their deposition taken fulfills this need on some level. I agree with you that it is about the money most of the time. I have certainly had clients want to go forward when it was not in their best interest to and there was fair money on the table, but I don't think I have ever had a case where I didn't ultimately talk them out of it.

I'll bet that no civil case against PSU or any PSU agent or employee will ever get to trial.

[LA Ute]

This blog post, by John Scalzi (a science fiction writer, of all people), is spot-on:

Omelas State University

[Blueintheface]

The past few days have felt like a non-stop perversion buffet. I have to step away from the table for a while.

[BoylenOver]

Two more shameful stories/tidbits I saw today: Sandusky was "scouting" for the program as recently as 2010; and a player from the 1959 team has encouraged his teammates to donate to Sandusky's defense fund. He donated $100.

[SeattleUte]

This blog post, by John Scalzi (a science fiction writer, of all people), is spot-on:

Omelas State University

The referenced story about the Omelas is clearly inspired by Ivan's dialogue with Alyosha in THE BROTHERS KARAMOZOV, articulating the problem of evil and suffering.

". . . I want to be there when everyone suddenly understands what it has all been for. All the religions of the world are built on this longing, and I am a believer. But then there are the children, and what am I to do about them? That's a question I can't answer. For the hundredth time I repeat, there are numbers of questions, but I've only taken the children, because in their case what I mean is so unanswerably clear. Listen! If all must suffer to pay for the eternal harmony, what have children to do with it, tell me, please? It's beyond all comprehension why they should suffer, and why they should pay for the harmony. Why should they, too, furnish material to enrich the soil for the harmony of the future? I understand solidarity in sin among men. I understand solidarity in retribution, too; but there can be no such solidarity with children. And if it is really true that they must share responsibility for all their fathers' crimes, such a truth is not of this world and is beyond my comprehension. . . .I don't want harmony. From love for humanity I don't want it. I would rather be left with the unavenged suffering. I would rather remain with my unavenged suffering and unsatisfied indignation, even if I were wrong. Besides, too high a price is asked for harmony; it's beyond our means to pay so much to enter on it. And so I hasten to give back my entrance ticket, and if I am an honest man I am bound to give it back as soon as possible. And that I am doing. It's not God that I don't accept, Alyosha, only I most respectfully return him the ticket."

"That's rebellion," murmered Alyosha, looking down.

"Rebellion? I am sorry you call it that," said Ivan earnestly. "One can hardly live in rebellion, and I want to live. Tell me yourself, I challenge your answer. Imagine that you are creating a fabric of human destiny with the object of making men happy in the end, giving them peace and rest at last, but that it was essential and inevitable to torture to death only one tiny creature -- that baby beating its breast with its fist, for instance -- and to found that edifice on its unavenged tears, would you consent to be the architect on those conditions? Tell me, and tell the truth."

"No, I wouldn't consent," said Alyosha softly.

"And can you admit the idea that men for whom you are building it would agree to accept their happiness on the foundation of the unexpiated blood of a little victim? And accepting it would remain happy for ever?"

"No, I can't admit it. Brother," said Alyosha suddenly, with flashing eyes . . . "

[cougjunkie]

Two more shameful stories/tidbits I saw today: Sandusky was "scouting" for the program as recently as 2010; and a player from the 1959 team has encouraged his teammates to donate to Sandusky's defense fund. He donated $100.

Atama Ah Ching a BYU recruit is claiming that Sandusky came on an official visit to his home last year.

[MartyFunkhouser]

Atama Ah Ching a BYU recruit is claiming that Sandusky came on an official visit to his home last year.

You have your recruiting violations NCAA, now go and get them.

[Jacob]

Atama Ah Ching a BYU recruit is claiming that Sandusky came on an official visit to his home last year.

I wasn't aware of the continued close relationship between Sandusky and the program. If he was always around, and especially scouting, recruiting, etc, then I'll go ahead and more fully condemn Paterno and McQueery like the rest of you. It was these facts I was asking for. But nobody ever responded with them, mostly just attacks and insults.

And the people running the 2nd Mile program seem to be even more worthy of our ire. They were told about the allegations (though we may not know whether the School administrators told them the whole story) and continued to let Sandusky hang around the kids and set him up with them. They were really pimping them out. These people were truly in a position where the care of these children was their main duty. Their actual job.