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Fraternity’s $10M lawsuit dismissed



Published: Tue, February 5, 2013 @ 12:00 a.m.

Associated Press

CINCINNATI

A federal judge on Monday dismissed a fraternity’s $10 million lawsuit accusing Miami University of acting with “malice, hatred and ill will” by suspending it for having a fireworks battle with another fraternity and having marijuana.

U.S. District Judge Susan Dlott dismissed Phi Kappa Tau’s lawsuit against the southern Ohio university with prejudice, meaning it cannot be refiled.

The judge said the fraternity failed to submit any facts that supported its claims the public university violated its constitutional rights against unreasonable search and seizure and due process.

She also denied the fraternity’s request to refile the complaint removing the university from the case but adding top university officials. That request came after the university’s attorneys pointed out that the fraternity could not legally sue it because they both are state entities.

The judge said in her order the university officials also are immune.


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