NCAA Ordered To Turn Over Sanction-Related Documents in Paterno Lawsuit
The estate of Joe Paterno scored a victory in the courtroom today after a judge ordered the NCAA to turn over all documents relating to the repeal of the consent decree signed by Mark Emmert in 2012 that levied the sanctions on Penn State’s football program.
The NCAA had been fighting since the sanctions were lifted to prevent disclosure of said documents, but lost a motion to quash that subpoena. Plaintiffs Jay Paterno and William Kenney had been fighting for disclosure, and claim it will prove intentional malice on Emmert’s and the NCAA’s part.
The key component of these documents is communication between the NCAA’s board members and administrators regarding the decree’s repeal along with communication between the NCAA and Penn State relating to the same topic. The NCAA was also ordered to provide a privilege log that details any documents specifically withheld on the basis of client privilege — basically any potentially incriminating documents the NCAA specifically did not want released to the public.
This turn of events is an important win for the Paternos, and figures to further tarnish Emmert and the NCAA’s reputation for its mishandling of its case against Penn State.