WILLIAMSPORT – A former Penn State football player has been accused of playing up the sensational “while attempting to delay the inevitable dismissal” of his federal lawsuit that alleges he was subjected to sexual harassment and hazing.
“The court should put a stop to Isaiah Humphries’ tactics, if not now, then soon,” the university and head football coach James Franklin said.
Tuesday they asked U.S. Middle District Judge Matthew W. Brann to deny Humphries’s request to file a second amended complaint because he has no viable legal theory against them.
Humphries, who transferred to the University of California after the 2018 season, also named as a defendant Damion Barber, a reserve defensive tackle from Harrisburg.
Penn State is providing Franklin’s defense while Barbour has retained private counsel.
“Humphries and his counsel have gone out of their way to repeat their salacious allegations against the university defendants, replete with gratuitous references to vulgar and sexual language,” the court filing states.
“And on every occasion, Humphries’ legal counsel has solicited media attention that includes sitting for an interview with a PennLive reporter that resulted in the publication of a 1,000-word Q&A concerning this case.”
Penn State and Franklin point out it is the second time Humphries has sought permission to amend his complaint within days of them filing a motion to dismiss a supporting brief.
On both occasions, they contend, he has asserted new causes but “no new facts relating to his claims.”
These “cat and mouse tactics” have caused the university to needlessly expend money, time, money and resources addressing “facially deficient causes of action ”
Humphries’ proposed amended complaint includes claims based on a report by the Office of Civil Rights in the U.S. Department of Education of an investigation into a series of alleged errors by Penn State in handling sexual assault and sexual harassment cases brought under Title IX.
It was announced in March that Penn State had reached a resolution with the Education Department.
The OCR investigation began four years before Humphries arrived on campus and its report does not supply him with any new information, Penn State claims. It also cites legal reasons why it believes OCR-related claims fail.
The university and Franklin asked Brann to deny Humphries’ request to file another amended complaint and force him “to face deficiencies” in the one currently on the docket.
Should Humphries get permission to file another complaint, they say they will move to have it dismissed.
Humphries’ claim against the university and Franklin are that they permitted him to be subjected to harassment and hazing by other players in disregard to the university’s written anti-hazing policy.
He alleges linebackers Micah Parsons and Jesse Luketa and defensive end Yetur Gross-Matos conspired with Barber to sexually harass him and other players.
Parsons, Luketa and Gross-Matos are not defendants in the suit that seeks unspecified damages.
Barber denies he or the others ever “orchestrated, participated in, directed and/or facilitated a campaign to harass and haze” anyone, and like the university and Franklin has filed a motion to dismiss the complaint.
Humphries, of Rowlett, Texas, claims in his complaint that the harassment caused him to relinquish his scholarship and leave Penn State.
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