WILLIAMSPORT - A federal clerk of courts denied an appeal by a Sunbury man who claimed conspiracy, malicious prosecution and emotional distress for a 2012 rape arrest.
Benjamin Scheller failed to file a timely brief and appendix following his notice of appeal in May 2014. He was planning an appeal after his lawsuit was dismissed earlier in May.
Clerk Marcia M. Waldron filed the denial Thursday.
Scheller had sought more than $500,000 plus punitive damages and attorney fees from Point Township, Point Township Police Department, Chief of Police Joshua Van Kirk and former officer Wade Lytle.
Scheller was arrested for the rape of a woman with whom both he and Lytle had a relationship. Lytle eventually lost his job as a result of the case.
In a plea deal, Scheller confessed to misdemeanors of terroristic threats, unlawful restraint and simple assault. He was sentenced to time served and probation. Felonies of rape, sexual assault, aggravated indecent assault and burglary, and a misdemeanor of indecent assault were not prosecuted.
Scheller's plea deal was cited by federal Judge Matthew W. Brann in dismissing the lawsuit.