Phi Kappa Tau lawsuit against Miami University still pending - Cincinnati News, FOX19-WXIX TV

Frat's lawsuit against Miami U. still pending

Posted: Updated: Sep 10, 2012 08:38 PM
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A case involving a lawsuit by a fraternity at Miami University in southern Ohio against the school has been reopened.

Court records showed last week that the $10 million lawsuit by Phi Kappa Tau had been dismissed.

But an official with the U.S. District Court in Cincinnati says it was a "clerical mistake" after the fraternity's lawyer sought to remove the national fraternity as a plaintiff in the lawsuit. 

The court reopened the case and the lawsuit is still pending, with only the local chapter of the fraternity named as a plaintiff. 

The lawsuit alleges that university officials acted with "malice, hatred and ill will" by suspending the fraternity last month for a fireworks battle and having marijuana. 

FOX19's legal analyst Mike Allen says based on the alleged actions, the fraternity doesn't have much of a case.

"They took marijuana and drug paraphernalia out of the offending fraternities, fraternity house," said Allen. "That is grounds enough for the university to issue the suspension that they did. At the end of the day, I think the federal court and federal judge will defer to the university on how to run their university."

The Phi Kappa Tau Fraternity claims the university failed to apply due process guaranteed through the eighth and fourteenth amendments.

The university says the school acted in the best interest of student safety.

(Copyright 2012 WXIX. All rights reserved. The Associated Press contributed to this report.)

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