A judge is clearing the way for former Penn State President Graham Spanier to pursue a defamation lawsuit against an ex-FBI director whose team issued a university-commissioned report critical of Spanier for his handling of complaints about Jerry Sandusky.
The decision comes despite a pending criminal case against Spanier that accuses him of covering up allegations about Sandusky, who was later convicted of sexually molesting boys.
Judge Robert Eby ended a 2-year hiatus in the matter Monday, saying he will deal on a case-by-case basis with Spanier’s constitutional protection against self-incrimination.
Spanier’s lawyers say he doesn’t intend to invoke his Fifth Amendment rights in the civil case against Louis Freeh.
The judge also ruled Spanier can’t add Penn State as a defendant.
Spanier was forced out as president after Sandusky’s 2011 arrest.