by John Beauge | Special to Penn Live | published September 24, 2021

WILLIAMSPORT – Penn State and head football coach James Franklin are no longer defendants in the sexual harassment and hazing suit brought by former player Isaiah Humphries.

U.S. Middle District Judge Matthew W. Brann Friday granted their motions to dismiss, noting he had allowed Humphries to amend his original complaint three times.

“Humphries’ latest complaint must be his last complaint,” the judge wrote. “He’s had four tries.

“If he could have alleged facts to support his various claims, he would have done so by now.

“I therefore find that further amendment would be futile and that it would be improper to require Penn State and Franklin to defend against these claims yet again.”

The only remaining defendant in the case is Damion Barber, who Humphries accused of hazing and harassing him between November 2018 and November 2019. Barber, who transferred to Austin Peay last year, has filed a separate motion to dismiss the suit.

Humphries also accused former Penn State players Micah Parsons, Yetur Gross-Matos and Jesse Luketa of hazing and harassment, but they were not sued.

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

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

The judge 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 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.

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,” Brann 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.

Allegations Humphries made in his suit about his four teammates included them telling him, “I am going to Sandusky you,” alluding to the sexual abuse committed by former Penn State assistant coach Jerry Sandusky.

Humphries alleged he and other players would be sexually harassed while restrained after being wrestled to the ground and that the four would take players’ clothing and not return them.

Although Humphries describes these acts in graphic detail, in other key aspects his descriptions are wanting, Brann wrote.

The complaint does detail an incident in which Humphries pulled a knife in an altercation that followed Parsons throwing a pail of water on him while he was napping in an academic building.

Humphries claimed by August 2018, he had become anxious, sleepless and depressed to the point an assistant coach called his father over concerns he was suicidal. He announced plans to transfer that November after not seeing any playing time.

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.