McQueary to sue PSU in Sandusky case

HARRISBURG - Former Penn State football assistant Mike McQueary, whose report of Jerry Sandusky allegedly attacking a child in the showers led to Joe Paterno's firing, said in a court filing Tuesday he is suing the school.

The "writ of summons" filed by McQueary's lawyer described it as a whistle-blower case, but the brief document was not accompanied by a full complaint that would lay out the allegations.

The filing was first reported by the Centre Daily Times on its website.

McQueary's attorney, Elliott Strokoff, of Harrisburg, did not respond to a phone message at his office late Tuesday. His father, John McQueary, declined to comment on his behalf.

Meanwhile, a prosecution document in the case was placed back online minus an attachment that named at least one accuser, ESPN.com reported.

The attorney general's office received Judge John Cleland's permission on Tuesday to seal its point-by-point review of which documents it had disclosed to his defense team.

The prosecution filed the 27-page attachment Monday, and it had been posted on the Centre County courts' online repository of Sandusky case documents.

The attachment named the young man described by authorities as Victim 1. Cleland's order said the document inadvertently included the names of victims or others involved in the investigation into the former Penn State assistant football coach.

Cleland ordered lawyers not to release the names of alleged victims. Sandusky awaits a June 5 trial on 52 counts, allegations he denies.

McQueary, a graduate assistant at the time of the alleged incident he witnessed, has said he complained to Paterno of seeing the boy in a locker room shower naked with Sandusky.

Penn State's trustees have said they fired Paterno as coach partly because of his response to the incident. Paterno reported the matter to administrators Gary Schultz and Tim Curley, which trustees have called "his minimum legal duty" and "a failure of leadership." Paterno was fired as coach in November and died in January of lung cancer.

Penn State spokesman Dave La Torre said school officials were unable to comment on McQueary's case, because they had not seen the complaint.