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Penn State May Seek (sovereign) Immunity After Skirting Public Laws

Posted on 11/16/2011 6:36:52 PM PST by Libloather

Link only - Penn State May Seek Immunity After Skirting Public Laws

TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: immunity; laws; pedstate; pennstate; psu; public; sandusky
The first thread went *poof*.
1 posted on 11/16/2011 6:36:53 PM PST by Libloather
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To: Libloather

Well isn’t that special. I guess it really is good to be king. Laws are for little people.

2 posted on 11/16/2011 6:37:42 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Libloather
Can they even do this? Any FReeper lawyers that understand this area of law and can explain? I doubt they can. But I am not familiar with this specific legal arena.
3 posted on 11/16/2011 6:41:51 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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4 posted on 11/16/2011 6:42:34 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: GOP Poet; Petronski

This will be very interesting, because the Pennsylvania State University (and other PA universities) are not state schools, but “state supported” schools, which if I understand it correctly receive partial funding from the state.

It has been convenient for them to avoid scrutiny normally associated with government institutions, but now they want to claim that.

Pitchforks anyone?

5 posted on 11/16/2011 7:05:49 PM PST by big'ol_freeper ("Evil is powerless if the good are unafraid" ~ Ronald Wilson Reagan)
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To: Libloather

Doomberg source.

6 posted on 11/16/2011 7:20:49 PM PST by Paladin2
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To: big'ol_freeper

Some public universities are (state) constitutionally their own entity with their own popos. The U prez is (a) god.

7 posted on 11/16/2011 7:22:24 PM PST by Paladin2
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To: Paladin2

If PENN STATE was changed to a State University then maybe the in state tuition would be more reasonable.

8 posted on 11/16/2011 7:29:13 PM PST by Domestic Church (AMDG ...)
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To: Domestic Church

“In 1863 the Agricultural College of Pennsylvania became the Commonwealth’s sole land-grant institution.”

9 posted on 11/16/2011 7:35:52 PM PST by Paladin2
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To: Libloather
Penn State is in a fuzzy area. It's called a "state-related" school not a state school. It is independent of state oversight. Only 10 of its 32 board members are government officials or government appointees.

Only 10 percent of it's funding comes from the state.

10 posted on 11/16/2011 7:38:54 PM PST by Tribune7 (If you demand perfection you will wind up with leftist Democrats)
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To: Libloather

Must have been consulting with Al Whore about using his, “No controlling legal authority” get out of jail free card.

It’s going to take another conspiracy to cover up the first conspiracy and they are coming out of the woodwork to rally around a criminal enterprise that includes football money. Moody’s doing their impression of a think-tank.

Should have nuked the place when the Grand Jury report first made the news.

11 posted on 11/16/2011 7:44:49 PM PST by Razzz42
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To: Paladin2

The state should say they want their land back.

12 posted on 11/16/2011 7:51:18 PM PST by Domestic Church (AMDG ...)
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To: big'ol_freeper
Interesting information. Thanks.

Not gonna be good.

They would have a chance if they would come out strong next week with clear guidelines, values, ethics, and moral standing for the future combined with a very strong, empathic statement of support for the victims.

They need a strong healer/doer like Bush was right after 9/11.

That in my opinion is the only chance they have to have a reasonable and eventually respectable institution. They need to make an bridge with out of cherry pits. Otherwise it is gonna be as you say . . . Pitchforks anyone?!

13 posted on 11/16/2011 8:47:25 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: GOP Poet

Meant to say: They need to build a bridge out of the cherry pits.

14 posted on 11/16/2011 8:50:34 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: Libloather
PS knows they got dirt up the kazoo----and are trying to use any means possible to cover it up. This cocamamie move is proof-positive PS is wallowing in pedophilia and other asst crimes.

PS sees the handwriting on the wall---they know they have dug themselves into a huge hole---and that they can only recover by paying a horrendous cost----to their finances and to their football program.

The law suits will commece on several levels----each victim has many options:

personal injury;

psychological injury;

failure to report crimes against children;

failure to protect children;

using PS facilities to commit crimes;

using non-profit funds to commit crimes against children.

etc,etc, etc, ad infinitum, ad nauseaum.

15 posted on 11/17/2011 6:17:25 AM PST by Liz
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To: Tribune7

Others disagree. I have previously researched PA’s Sovereign Immunity Act on a state contract liability issue and our determinations were that the state statues would apply based on the PA AG past opinions.

The Pennsylvania State University, commonly referred to as Penn State or PSU, is a public research university with campuses and facilities throughout the state of Pennsylvania, United States. Founded in 1855, the university has a threefold mission of teaching, research, and public service...

In the 1970s, university became a state-related institution. As such, it now belongs to the Commonwealth System of Higher Education, and is not part of the fully public Pennsylvania State System of Higher Education.

The Commonwealth System of Higher Education is the organizing body of Pennsylvania’s “state-related” schools, which allows the independent control of the universities while supplying them with the public funds needed for operations at each institution. Universities in the System are considered public universities, but are under independent control rather than that of the state. Because of their independent status, universities in the Commonwealth System tend to have higher tuition costs compared to the Pennsylvania State System of Higher Education. They are exempt from Pennsylvania’s Open Records law except for a few minor provisions. Before the creation of the “state-related” legal status in the early 1970s, Lincoln University, Temple University and University of Pittsburgh were private. Previously, the Pennsylvania State University (Penn State) was repeatedly defined as a “state-owned university” in numerous official acts and Pennsylvania Attorney General opinions from its resurrection as a “land grant” institution, the Pennsylvania State College in 1855, as applicable to having its road system and buildings on state campuses constructed using state funding, paying its employees through state-issued checks and having them eligible to collect state employee retirement system benefits. In 1989, Penn State asserted a public status in court for the purpose of not having a private bank branch’s operations on its University Park campus subject to local county taxes, while simultaneously asserting private status for the purpose of not having to reveal the salaries of its top administrative employees. With the enabling legislation changing the failing Williamsport (PA) Area Community College to the affiliated “Pennsylvania College of Technology” in 1989, Penn State was again designated as a “state-related” institution.


§ 8522. Exceptions to sovereign immunity.
(a) Liability imposed.—The General Assembly, pursuant to
section 11 of Article I of the Constitution of Pennsylvania,
does hereby waive, in the instances set forth in subsection (b)only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to
limitations on damages), sovereign immunity as a bar to an
action against Commonwealth parties, for damages arising out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action if the injury were caused by a person not having available the defense of sovereign immunity.

Sovereign immunity generally - 42 Pa. Cons. Stat. § 8521


The consensus among attorneys who have worked similar cases involving sexual abuse of minors seems to be that the university is not shielded from lawsuits under the state’s Sovereign Immunity Act, which essentially says the commonwealth cannot be sued.

Thomas Sheridan, a prominent Philadelphia lawyer who has handled child sex abuse cases in the past, told CNN News in a Nov. 13 report that the university appears to fall into one of nine exceptions laid out in Pennsylvania law that would pave the way for civil litigation.
“PSU has liability exposure to the sexual assault victims under the real estate exception to sovereign immunity,” Sheridan told CNN. “The Restatement Second of Torts section 344 has been explicitly extended to universities which do business with the public.”

16 posted on 11/17/2011 8:30:14 AM PST by luckybogey
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