A judge has dismissed a defamation lawsuit against Scott Timko, who ran against state Rep. Daryl Metcalfe in the primary election for the 12th Legislative District.

The lawsuit was filed in May shortly before the primary by Metcalfe's daughter, Lisa Swinto. She accused Timko of using what she called false and defamatory claims during his failed election bid.

A group called Friends of Scott Timko sent fliers and pamphlets to “thousands of residents of the 12th Legislative District in Butler County,” according to Swinto's suit, and that material contained claims that she is a lobbyist and “that Swinto lobbied to allow illegal immigrants 'to put more PA workers out of their jobs.'”

Swinto claimed in the suit that the claims hurt her standing in the community and asked for a judgment in her favor and for compensation in excess of $35,000. But visiting Judge Timothy Creany in county court rejected those claims Wednesday and dismissed the lawsuit on all counts.

Creany made the decision after hearing arguments from both sides Oct. 27.

A joint statement was released from Timko's attorneys, Timothy Wojton and the Gilliland Vanasdale Sinatra Law office: “Scott Timko had the courage to stand up to a 22-year career politician and fight for change. Today's ruling proves that the Constitution and freedom of speech protects those who challenge bullies and justice prevailed.”

Timko's lawyers argued in court that in order for a judge to decide if a statement is defamatory, they should be guided by “America's profound commitment to the principle that debate on public issues should be uninhibited, robust and wide-open,” and that criticizing government and its officials is protected by free speech.

Timko argued that his flyers did not claim that Swinto was engaged in criminal activity nor a violator of any law. Instead, Timko argued in court documents that the broader terms of corruption in the flyer are directed toward Swinto's father, Metcalfe, who is not part of the suit.

After losing to Metcalfe in the primary, Timko ran a write-in campaign in Tuesday's general elections.

Metcalfe is the projected winner and has held his seat since 1999.