A fraternity involved in a police search where a large cache of fireworks and illegal drugs were found is continuing with its $10 million lawsuit against Miami University.

Last week, the national Phi Kappa Tau organization bowed out of the lawsuit and the federal court clerk closed the case by mistake. The local chapter and the Phi Kappa Tau Chapter House Association of Miami University are still suing the university.

Attorney F. Harrison Green, who is also chairman of the Board of Governors of the Alpha Chapter of the National Fraternity, said the national chapter didn’t feel it had a federal case against the university.

“There has to be a constitutional violation or a violation of a federal statute,” he said.

The national Phi Kappa Tau fraternity filed the suit two weeks ago after sophomore fraternity members were banished to campus housing after the university suspended the the frat house. The university placed Phi Kappa Tau and Sigma Alpha Epsilon on summary suspension after police found fraternity members shooting fireworks at each other at 5:30 a.m. Aug. 19. Upon searching the houses, police found unmarked bottles of pills, a container of white powder, marijuana, scales, bongs, and spent and unlit fireworks.

The sophomores were banished because the university has a policy that first- and second-year students must live on campus unless they have permission to live in a fraternity house. That permission was erased by the summary suspension.

The lawsuit stated Miami acted with “reckless disregard” and with “malice, hatred and ill will” toward the 37 banished sophomores. It also stated the fraternity stands to lose more than $130,000 from lost rent.

Miami spokesperson Claire Wagner said she cannot discuss the lawsuit and the university’s investigation into the fireworks battle is ongoing.

Criminal charges have not yet been filed against any students. Oxford Police Chief Bob Holzworth said they are still waiting on crime lab test results.

Green said additional people and claims might be added to the lawsuit later this week. He had also filed a temporary restraining order with the lawsuit asking Judge Susan Dlott to stop Miami from moving the sophomores out of their house. Dlott denied the motion. The students received their new housing arrangements two weeks ago and had 48 hours to move out.