by  John Beauge | Special to Penn Live | published May 31, 2025

WILLIAMSPORT — A former Penn State football player has settled his locker room sexual harassment suit for an undisclosed amount.

Notice was filed Friday in U.S. Middle District Court that Isaiah Humphries had voluntarily dismissed his suit against former teammate and Harrisburg native Damion Barber.

The notice provided no details but Judge Matthew W. Brann later in the day in an order approving dismissing the case stated it was contingent on Barber paying Humphries an agreed to amount.

The settlement is similar to the tentative one reached last year with which Barber had an issue, <strong)said Humphries’ attorney Steven F. Marino. Terms are confidential, he said.

Barber’s attorney Anthony G. DeBoef declined comment on the dismissal that occurred three days before the scheduled start of the civil trial.

Now that the claims against Barber have been resolved, Marino said he will appeal to the Third Circuit Court of Appeals Brann’s 2021 order dismissing Penn State and head coach James Franklin  from the case.

He was prohibited from doing so until the claims against Barber were resolved.

“I look forward to filing an appeal and holding Penn State responsible for the harm,” Marino said.

Claims against the university and Franklin that were dismissed were retaliation, negligence and failure to prevent hazing.

Marino accuses the adults in the locker room of turning “a blind eye to the culture that caused kids to suffer.”

The adults not taking any action to protect the players “is not acceptable in my opinion,” he said.

Marino contends the bullying and harassment occurred daily and that other players did not want to come forward for fear it would damage their football career.

Humphries sought damages alleging 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.

Brann in a May 21 order had given Humphries permission to present evidence at trial to support his claim that a culture of abuse and bullying permeated the locker room in 2018.

If the evidence was supportable, Humphries could argue the coaches were oblivious or complicit, the judge ruled.

His order also permitted Humphries over Barber’s objection to present evidence with limitations that other players engaged in bullying and hazing.

Barber had accused the former Texas high school star defensive back with manufacturing the entire case to justify the NCAA giving him a waiver to play football at the University of California on scholarship. Humphries transferred there after the 2018 season.

The university’s Office of Sexual Misconduct Prevention and Response conducted an investigation into Humphries’ allegations that resulted in Barber being sanctioned for harassment.

The investigative report, according to an opinion Brann issued in January 2024, included graphic details of the alleged hazing and this from an interview of Humphries:

• Starting in January 2018 Barber and another teammate would attempt to grab his genitals or “hump” him while in the shower and threaten to rape him.
• Barber and other harassers would overpower him, throw him to the ground and get on top of him, occasionally while he was unclothed or wearing only a towel. This was consistent with abuse suffered by other teammates

The report, according to Brann’s opinion, contained this from a player Humphries had identified as a victim:

While players would horse around and hit each other in the “nuts” and “butts” it was “not something uncomfortable.”

Others interviewed during the investigation largely characterized Barber’s behavior as “not out of the ordinary,” “just messing around” or “clowning around,” the report stated.

It also quoted a witness as saying Barber “would often dance around in the locker room naked, chase guys and give them hugs while he was naked or in tub shorts.”

The only claims that remained against Barber were negligence and assault and battery.

UPDATE:
Attorney Steven Marino filed an Appeal in the United States District Court for the Middle District of Pennsylvania, Case: 25-2122, Isaiah Humpries, Appellant v. The Pennsylvania State University; James Franklin; Damion Barber on June 17, 2025.

If you or someone you know believes you have been sexually harassed, assaulted or injured, Marino Associates can help.  Use the free case evaluation form  or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.