Prosecutors out of suit filed by ex-Penn State RB

Mar 4, 2010 - 11:16 PM WILLIAMSPORT, Pa.(AP) -- A federal judge removed a former district attorney and his assistant as defendants in a civil lawsuit filed by a former Penn State running back.

Judge James McClure Jr. in Williamsport ruled former Centre County District Attorney Michael Madeira and former assistant Lance Marshall had prosecutorial immunity in pursuing a rape charge against former tailback Austin Scott.

The criminal case, filed in October 2007, was withdrawn six months later.

Scott hoped to play in the NFL. His suit claims the rape allegations caused him to suffer mental pain and suffering, as well as diminished earning capacity.

The judge on Wednesday agreed with motions to dismiss from Madeira, Marshall and Centre County.

Penn State, university police and the alleged victim from the criminal case remain as defendants.