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Posted: 6:43 a.m. Tuesday, Feb. 5, 2013
By The Associated Press
OXFORD, Ohio —
A federal judge has dismissed a suspended fraternity's $10 million lawsuit accusing Miami University in southwest Ohio of violating fraternity members' constitutional rights.
U.S. District Judge Susan Dlott on Monday dismissed Phi Kappa Tau's lawsuit, finding that the fraternity did not submit facts that supported its claims.
The lawsuit accused university officials of acting with "malice, hatred and ill will" by suspending the fraternity for having a fireworks battle with another frat house. The fireworks battle led police to find marijuana inside Phi Kappa Tau.
The lawsuit said university officials violated members' constitutional rights with the suspension. A school spokeswoman says officials were acting in the best interest of student safety and following written policy.
Dlott dismissed the lawsuit with prejudice, meaning it cannot be refiled.
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