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NCAA vs Pa. Gov. Tom Corbett - Complaint

NCAA vs Pa. Gov. Tom Corbett - Complaint

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Published by The Morning Call
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Plaintiff,
v.
THOMAS W. CORBETT, JR., in his capacity
as Governor of the Commonwealth of
Pennsylvania, ROB MCCORD, in his capacity as Treasurer of the Commonwealth of Pennsylvania, MARK R. ZIMMER, in his capacity as Chairman of the Pennsylvania Commission on Crime and Delinquency, and EUGENE DEPASQUALE, in his capacity as Auditor General of the Commonwealth of Pennsylvania,

COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Plaintiff,
v.
THOMAS W. CORBETT, JR., in his capacity
as Governor of the Commonwealth of
Pennsylvania, ROB MCCORD, in his capacity as Treasurer of the Commonwealth of Pennsylvania, MARK R. ZIMMER, in his capacity as Chairman of the Pennsylvania Commission on Crime and Delinquency, and EUGENE DEPASQUALE, in his capacity as Auditor General of the Commonwealth of Pennsylvania,

COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF

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Published by: The Morning Call on Feb 20, 2013
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02/20/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NATIONAL COLLEGIATE ATHLETICASSOCIATION,Plaintiff,
Document Filed Electronically
v. Civil Action No. THOMAS W. CORBETT, JR., in his capacityas Governor of the Commonwealth of Pennsylvania, ROB MCCORD, in his capacityas Treasurer of the Commonwealth of Pennsylvania, MARK R. ZIMMER, in hiscapacity as Chairman of the PennsylvaniaCommission on Crime and Delinquency, andEUGENE DEPASQUALE, in his capacity asAuditor General of the Commonwealth of Pennsylvania,
COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF
Defendants.
COMPLAINT1.
 
 This lawsuit arises from an attempt by the legislature of Pennsylvania to negate avalid contract (“Consent Decree”) between the National Collegiate Athletic Association(“NCAA” or the “Association”) and The Pennsylvania State University (“Penn State”), to disruptinterstate commerce by attempting to legislate where private parties spend their money, and toconfiscate funds intended for the victims of child sexual abuse nationwide to be used solely forthe benefit of Pennsylvania residents, at the direction of Pennsylvania officials. ThePennsylvania Institution of Higher Education Consent Decree Endowment Act violates theUnited States Constitution and cannot be enforced.
2.
 
Plaintiff NCAA, by its undersigned attorneys, for its complaint states as follows:
Case 3:02-at-06000 Document 211 Filed 02/20/13 Page 1 of 16
 
2
NATURE OF THE ACTION3.
 
 This is a civil action for declaratory and injunctive relief arising under variousprovisions of the United States Constitution. This case concerns the constitutionality of theInstitution of Higher Education Consent Decree Endowment Act, enacted by Pennsylvania onFebruary 20, 2013, and codified as “the Act of February 20, 2013, Act No. 1 of 2013.” (“Act”)(Attached as amended and passed by the General Assembly as Exhibit A).
4.
 
Plaintiff complains that the Act is unconstitutional in that it violates Article I,Section 10 of the United States Constitution, which provides that “No State shall … make any …Law impairing the Obligation of Contracts.”
5.
 
Plaintiff also complains that the Act is unconstitutional in that it violates the Takings Clause of the Fifth Amendment to the United States Constitution, which provides norshall private property be taken for public use, without just compensation.”
6.
 
Plaintiff also complains that the Act is unconstitutional in that it violates Article I,Section 8 of the United States Constitution, which provides that “The Congress shall have PowerTo regulate Commerce with foreign Nations, and among the several States, and with theIndian Tribes.”
7.
 
Plaintiff seeks declaratory relief pursuant to 28 U.S.C. §§ 2201-02, theDeclaratory Judgment Act, declaring unlawful the Pennsylvania Institution of Higher EducationConsent Decree Endowment Act. Plaintiff also seeks injunctive relief pursuant to 42 U.S.C.§ 1983, restraining Defendants from enforcing the Act against it.
 JURISDICTION AND VENUE
 
8.
 
 This Court has jurisdiction over this action under 28 U.S.C. § 1331, which confersoriginal jurisdiction to federal district courts over actions arising under the Constitution or lawsof the United States.
Case 3:02-at-06000 Document 211 Filed 02/20/13 Page 2 of 16
 
3
9.
 
Venue is proper under 28 U.S.C. § 1391(b)(1), because all Defendants areresidents of the Commonwealth of Pennsylvania, and one or more of the Defendants resides andtransacts official business in this District.
PARTIES
 
10.
 
Plaintiff NCAA is a voluntary, unincorporated, national association of highereducation institutions, with headquarters in Indianapolis, Indiana. The NCAA seeks to governintercollegiate athletic competition in a fair, safe, equitable and sportsmanlike manner, topromulgate and enforce uniform rules for the administration of intercollegiate athletics, and tointegrate intercollegiate athletics into higher education so that the educational experience of thestudent-athlete is paramount.
11.
 
Defendant Thomas W. Corbett, Jr. is the Governor of the Commonwealth of Pennsylvania, and is sued in his official capacity. The Governor is directed to take care toenforce the laws of the Commonwealth.
12.
 
Defendant Rob McCord is the Treasurer of the Commonwealth of Pennsylvania,and is sued in his official capacity. Under the Act, Mr. McCord is directed to invest and serve ascustodian of money secured pursuant to the Act. Act, § 3(b)(1).
13.
 
Defendant Mark R. Zimmer is the Chairman of the Pennsylvania Commission onCrime and Delinquency, and is sued in his official capacity. Under the Act, the Commission isdirected to expend money secured under the Act “within [the] Commonwealth for the benefit of the residents of [the] Commonwealth.” Act, § 3(b)(4).
14.
 
Defendant Eugene DePasquale is the Auditor General of the Commonwealth of Pennsylvania, and is sued in his official capacity. Mr. DePasquale is empowered byPennsylvania law to review expenditures made by Penn State.
Case 3:02-at-06000 Document 211 Filed 02/20/13 Page 3 of 16

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