The Daily Item, Sunbury, PA

August 14, 2013

'Something's Smokin' guy withdraws federal lawsuit

The Daily Item

— WILLIAMSPORT - A Shamokin man says he is withdrawing his federal court complaint against that city, the state Board of Probation and Parole and five officials.

Scott J. Binsack states in a motion filed Wednesday in U.S. Middle District Court he wants to withdraw his complaint due to “ongoing constitutional violations” that require the filing of two new separate actions that will involve three new undisclosed defendants.

U.S. Middle District Magistrate Judge William I. Arbuckle III had given Binsack until Thursday to file a brief in opposition to a defense motion to dismiss the civil case.

According to the motion, Binsack will be filing a “highly notorious” action against the parole board and other defendants for what he claims were due process violations.

He alleges he is being deprived of his legal right to own and operate companies, to be employed and now to travel to see family members. He claims he has been deprived of hundreds of dollars in income over the past three-plus years.

Binsack says he will be filing a second action against Shamokin, city clerk Steven Bartos, the Shamokin News-Item and its editor and reports alleging a deliberate conspiracy to write false and defaming articles about him.

Binsack became known through postings on a Facebook page labeled “Something’s Smokin’ in Shamokin” in which he theorized he has been targeted by Griffiths and Bartos after he presented a plan to City Council that included a $13 million revitalization project.

Terms of his probation in a bad-check writing case included a prohibition from owning or operating a business.

Binsack, who last year eluded capture after failing to meet with state probation officials, taunted chasers while he was on the lam through YouTube. He filed his lawsuit in November, the same day he was apprehended in Bath, N.Y.

Defendants in the suit he wants to withdraw are Shamokin, state parole board, Bartos, police Chief Ed Griffiths, Councilman Robert Craig Rhoads, codes officer Rick Bozza and probation officers Susan Stout and David Frederick.