Sovereign Immunity

1 01 2013

Harrisburg, Pennsylvania

ESPN:

HARRISBURG, Pa. — Pennsylvania Gov. Tom Corbett says he plans to sue the NCAA in federal court over sanctions imposed against Penn State in the wake of the Jerry Sandusky child sexual abuse scandal.

The Republican governor has scheduled a news conference for Wednesday on Penn State’s campus in State College to announce the filing in U.S. District Court in Harrisburg.

The sanctions were agreed to by the university in July. They included a $60 million fine that would be used nationally to finance child abuse prevention grants. State and federal lawmakers have raised objections to the money being spent outside Pennsylvania.

The NCAA has declined to comment.

Sandusky was a Penn State assistant football coach. He was convicted of abusing boys and was sentenced to decades in prison. He maintains his innocence.

The school is not part of this lawsuit, even though the presser announcing the suit will be at the school.

I think the state has a good chance to get the cash fine bonkered out because of sovereign immunity, (depends on Pennsylvania state law at the times that Pervy Jerry said “hit the showers,”) but no grounds to get the Federal courts to undo the postseason ban on Penn State’s football program.

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