HARRISBURG – A former Penn State University football team defensive tackle denies allegations from a former cornerback that he participated in, and the team’s head coach and the university collectively ignored, incidents of hazing and sexual harassment targeted against that same cornerback.
In a suit first filed in January, Isaiah Humphries of Sachese, Texas, who played one season with Penn State University’s Nittany Lions in 2018, alleges a campaign of hazing and harassment was directed towards underclassmen like himself at the time.
Humphries further claimed that defensive tackle Damion Barber conspired with fellow teammates, such as linebacker Micah Parsons, defensive end Yetur Gross-Matos and linebacker Jesse Luketa, who “collectively orchestrated, participated in, directed and/or facilitated a campaign to harass and haze” both him and other underclassmen members of the team.
One moment recalled in the suit had Barber, Parsons, Gross-Matos and Luketa telling the underclassmen that they intended to make them “their bitch, because this is a prison” and having used the phrase, “I am going to Sandusky you.”
The reference being to that of Jerry Sandusky, the former assistant coach of the Penn State University football team who is now serving state prison time after being convicted in 2012 on multiple charges of child sexual abuse.
Other incidents alleged in the lawsuit describe the foursome of Barber, Parsons, Gross-Matos and Luketa taking the clothes of underclassmen players and not returning them, wrestling underclassmen players to the ground and humping them or simulating sexual acts with them, and making sexual contact with underclassmen players while in the team showers.
The incidents in question took place in the Lasch Football Building, a campus dormitory, or “other places” in Centre County, some of which were allegedly observed by team coaching staff, according to the litigation.
In addition to reporting the hazing and harassment to the team staff himself, Humphries’ father Leonard Humphries - a Penn State University alumnus, former member of the school’s football team and former NFL player - also reported the behavior to Franklin.
However, the suit said nothing substantive was done.
The sum total of all the alleged events caused him to resign from the Penn State University football program in December 2018 and transfer to the University of California.
Shortly after the filing of the suit, Penn State University released a statement in response to Humphries’ allegations, stating no claims of hazing against anyone were substantiated. Further, the defendants allege Humphries “possesses no facts that would demonstrate the University violated the Antihazing Law.”
Over the course of the litigation, an initial lawsuit and two amended versions have been filed, with various defendants objecting to each iteration along the way.
UPDATE
On July 6, defendant Barber filed a renewed motion to dismiss Humphries’s amended complaint.
Specifically, Barber wants Humphries’ counts for negligence, negligence per se, negligent infliction of emotional distress, assault and battery, intentional infliction of emotional distress and civil conspiracy dismissed from this lawsuit.
“Barber does not, and cannot, fit the definition of an ‘upperclassman’ as defined in the Pennsylvania’s Anti-Hazing Law and there are no allegations of any misconduct by any of the defendant’s on or after the enactment of the Timothy J. Piazza Antihazing Law,” the dismissal motion read, in part.
“Plaintiff fails to allege that Barber committed any injurious acts against the plaintiff or to allege that Barber had a duty to protect plaintiff from the alleged acts of third parties, [and] the plaintiff has not made any factual allegations that Barber acted with the requisite culpability to rise to the level of assault and battery.”
Furthermore, Barber argues the plaintiff failed to allege any facts to support a negligence claim, and consequently cannot establish a claim for negligent infliction of emotional distress, failed to allege any outrageous conduct by Barber or that any such acts of Barber resulted in an injury supported with competent medical evidence and failed to meet the elements of the claim, including the requisite intent with others to do an unlawful act, nor malice.
“In each of plaintiff’s counts against Barber resides at least one fatal flaw that cannot be rectified with the filing of a third amended complaint. In support of this motion, and consistent with the university’s motion to dismiss, Barber is also relying on a tweet by plaintiff that clearly announces to the general public his departure from Penn State and his appreciation for his time at the university to show his true contemporaneous state when he chose to leave the university and the football program,” according to the motion to dismiss.
For multiple counts of negligence per se (violation of anti-hazing statutes), assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress and civil conspiracy, the plaintiff is seeking joint and several judgment against the defendants, unspecified compensatory, exemplary and pre-judgment delay damages, plus interest, further relief as the Court may deem appropriate and a trial by jury.
The plaintiff is represented by Steven F. Marino and Joseph Auddino of Marino & Associates, in Philadelphia.
The defendants are represented by Carol Steinour Young, James P. DeAngelo and Sarah Hyser-Staub of McNees Wallace & Nurick in Harrisburg, plus James S. Urban, Katherine J. McLay and Matthew A. Kairis of Jones Day in Pittsburgh and Houston and Anthony G. De Boef of De Boef Lucchesi, in State College.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-00064
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com