ELLSWORTH COUNTY – Due to a technicality, a judge in Ellsworth County has dismissed part of the lawsuit filed by the mother of a student assaulted on a Great Bend High School activity bus.

The attorney representing the family is expected re-file the lawsuit against USD 428.

The school district claimed that it should have received 120 days to respond after becoming aware of the lawsuit.

The Great Bend school district did not receive the 120 days so the case has been temporarily dropped.

The judge also made a motion to move the case to Barton County.

The lawsuit also names the USD 428 Superintendent, school board members, Great Bend High School principal, athletic director, swim coaches, bus driver and parents of the four swim members that reportedly assaulted the freshman victim.

Two Great Bend teenagers have already been sentenced to probation terms for convictions of misdemeanor battery for their role in the assault. The lawsuit asks for nearly $400,000 in claims.

The assault took place on a USD 428 activity bus on February 6, when the swim team was returning home from a meet in Manhattan.