The lawsuit filed by Joe Paterno’s family against the National Collegiate Athletic Association for its sanctions against the late coach has been taken before a judge.

According to USA Today the associated press reported the family, along with other supporters, felt the NCAA had no right to sanction Paterno for criminal offenses that had nothing to do with football.

The nonprofit association sanctioned Penn State and voided 111 of Paterno’s wins for the University. The sanction, also, fined the university $60 million and reduced their scholarship noted ESPN in 2012.

Judge John B. Leete, who the case has been brought before has not decided on whether the lawsuit will be allowed.

What lead to the lawsuit between Paterno’s Estate and the NCAA was the sexual abuse scandal that rocked Penn State in 2011. Longtime football assistant coach Jerry Sandusky sexually abused underage boys at his house and on University grounds.

Paterno was believed to have been aware of Sandusky’s inappropriate conduct, but turned a blind eye and did nothing. When the scandal hit the public, Sandusky was arrested and charged and Paterno was fired. In 2012 after being diagnosed with Lung cancer Paterno died.

According to Centre Daily there are allegations that the NCAA punished the University based on the report of another rather than conduct their own investigation.

The NCAA wants the case dismissed, but the Paterno’s and their supporters estate want the case to go to court.

Photo Courtesy of Wikimedia Commons.