State officials join those from city in asking for Binsack suit dismissal
The state attorney general's office filed a motion Tuesday on behalf of two probation officials to dismiss a federal lawsuit filed by Scott J. Binsack.
The motion for parole agent Susan Stout and David Frederick, her supervisor, asks that the lawsuit be dismissed for "failure to state a claim upon which relief may be granted."
It was filed by Sarah C. Yerger, senior deputy attorney general, and Gregory R. Neuhauser, chief deputy attorney general. A brief supporting the motion, which would detail their reasoning for dismissal, was not filed as of Wednesday.
An attorney for the five other defendants in the lawsuit - the City of Shamokin, Chief Clerk Steve Bartos, Code Enforcement Officer Rick Bozza, Police Chief Ed Griffiths and Councilman R. Craig Rhoades - sought the lawsuit's dismissal in a motion filed Friday, also saying Binsack's claims lack merit.
Binsack, represented by Frank Kepner Jr., Berwick, claims the defendants conspired to deprive his constitutional rights to free speech, assembly, due process and liberty, causing damage to his reputation and inflicting emotional stress. He seeks in excess of $75,000 each in compensatory and punitive damages from the city and the state parole agency, along with the six individual defendants.