by  John Beauge | Special to Penn Live | published June 14, 2025

WILLIAMSPORT—A former Penn State football player has taken the first step to try to get the university and head football coach James Franklin back into his locker room sexual harassment case.

Isaiah Humphries filed notice Friday in U.S. Middle District that he is appealing to the Third Circuit Court of Appeals the Sept. 24, 2021, order of Judge Matthew W. Brann’s dismissing both from the case.

He was prevented from doing so until his claims against a third defendant, former teammate Marion Barber, were resolved.

That occurred May 30 when the court was notified of a settlement but no terms were revealed.

he appeal notice does not specify what issues are being appealed.

Humphries’ attorney Steven F. Marino said following the settlement with Barber he looked forward to holding Penn State responsible for the harm suffered by his client.

He accused adults in the locker room of not taking any action to protect the players from a “culture of abuse and bullying” in 2018.

The claims against Penn State and Franklin that were dismissed were retaliation, negligence and failure to prevent hazing.

In his suit, Humphries alleged he was victimized in the locker room by players including Micah Parsons, Yetur Gross-Matos, Jesse Luketa and Barber but he sued only the latter.

In removing Franklin and Penn State from the case Brann wrote:

“For whatever his (Humphries’) complaint possessed in attention-grabbing details, it lacked in substance.”

He rejected claims Penn State and Franklin had a duty to protect Humphries who was recruited out of Texas.

Pennsylvania law does not recognize a special relationship between colleges and student-athletes that would impose a duty of care, he wrote.

Humphries had argued the promises he received when recruited, his scholarship and the parties’ mutual dependence created a special relationship.

He claimed while being recruited, Franklin and his staff emphasized attending Penn State would allow him to maximize his athletic and academic potential and that the football coaches would “protect him”, keep him safe and treat him like a son.

Humphries’ business-invitee claim failed because he did not show the alleged hazing and harassment occurred in buildings open to the public for business purposes, Brann ruled.

Claims under the state’s Piazza Anti-hazing Law also fail because that law limits behavior done “for the purpose of initiating, admitting or affiliating,” the judge wrote.

That law is named after Timothy Piazza who died after falling down steps at a Beta Theta Pi fraternity pledging event at Penn State.

Brann rejected claims under Title IX finding Humphries was not harassed because of his sex.

Although Humphries described in graphic detail acts he claimed occurred in the locker room, other key aspects were wanting, the judge wrote.

Allegations Humphries made in his suit about Barber, Parsons, Gross-Matos and Luketa included them telling him they planned to make them “their bitch because this is prison…”

He also claimed he and other players would be sexually harassed after being wrestled to the ground and restrained.

Humphries transferred to the University of California after the 2018 season.

Published By: PENN LIVE, May 31, 2025 | By: John Beauge |jhermitt@pennlive.com

Story Link: Ex-player seeks to get Franklin, PSU put back in locker room harassment lawsuit