Former Centre County District Attorney Michael Madeira, resigned prosecutor Lance Marshall and Centre County have been dropped from a lawsuit filed by former Penn State running back Austin Scott.
On Wednesday, Pennsylvania Middle District Judge James McClure granted the motion that dismissed the three defendants in the case, citing absolute prosecutorial immunity from Scott's claims, according to court documents.
Scott's attorney, John Karoly, said this motion will not deter the pursuit of justice for his client.
Scott was charged with rape, sexual assault, indecent assault and simple assault in 2007 after a woman told police he assaulted her in his on-campus apartment.
All charges against Scott were eventually dropped after news surfaced that Scott's accuser had made similar claims about a man who was later acquitted.
Scott later filed a lawsuit against Centre County, Madeira, Marshall, Penn State and his accuser, saying the wrongful prosecution resulted in both his being cut from the football team and losing the chance to play in the NFL.
In the suit, Scott said Madeira intentionally withheld necessary evidence prior to the preliminary hearing. The former player also alleges that Marshall only pursued the case to curry sexual favor with Scott's accuser -- and that Madeira should have known it.
By McClure's decision, Madeira and Marshall were dismissed from the case because the deliberate withholding of information is within the boundaries of a "legitimate exercise of prosecutorial discretion," making the former district attorney and former assistant district attorney "absolutely immune" from the claims made against them, according to court documents
As for Centre County, McClure ruled that Scott had put forth no facts to support a claim the county maintained practices indifferent to the constitutional rights of others.
Karoly, who disagrees with the ruling, said he'll have to determine whether to amend the complaint to include other facts.
