A defamation and slander lawsuit over Philadelphia Controller Alan Butkovitz’s comments alleging that a Nutter administration official had free rein over a “slush fund” made up of Philadelphia Marathon proceeds has been thrown out.

Philadelphia Court of Common Pleas Judge Frederica Massiah-Jackson ruled that Butkovitz, and co-defendant Ashley Del Bianco, executive director of the Mayor’s Fund, were immune from civil suit as public officials.