A lawsuit against a University of Kansas fraternity and its national headquarters — filed by a man who said frat members insulted his black friends and broke his jaw in a fight outside the house — has been dismissed.

Upon request of both sides involved, the lawsuit was dismissed with prejudice earlier this month, meaning the same claims can’t be filed again, according to a brief order of dismissal filed in Douglas County District Court.

Roger Fincher, attorney for plaintiff Philip Hawley, declined to comment outside court on the matter, including answering why his client agreed to dismiss the case.

The Journal-World contacted the national fraternity and one of its attorneys with questions, but had not received responses Friday morning.

Hawley sued Pi Kappa Phi fraternity’s KU chapter and its national headquarters in October 2016.

He sought $130,000 for past and future medical bills and noneconomic loss stemming from a fight outside the fraternity house, which, at the time, was at 1537 Tennessee St. in Lawrence. 

According to Hawley’s suit:

On Oct. 31, 2015, Hawley, a KU student, and some friends — including two African-American men — were waiting in line to get into a party at the chapter house, where alcoholic drinks were being served to members of the public.

“One or more” intoxicated members approached and used a racial slur in reference to Hawley’s friends.

Pushing and shoving ensued, and a fraternity member punched Hawley in the face. “Numerous” other members then hit him, resulting in his jaw being fractured, which required multiple surgeries to treat.

Hawley said in his suit that the fraternity should pay because on the night in question it violated KU Interfraternity Council rules banning hard liquor and “offensive behavior.” Hawley alleged that the national fraternity also was liable because it “failed to prohibit the conduct of its member fraternity.”

“The serving of hard liquor by the fraternity resulted in members becoming intoxicated and uttering the offensive language, which directly resulted in plaintiff being assaulted and battered,” the lawsuit said.

Police were not dispatched to the scene after Hawley was reportedly injured, the Journal-World previously reported.

Last year, Judge Kay Huff agreed to drop the fraternity’s local chapter from the lawsuit.

Attorneys for the chapter had argued that, as an unincorporated association, it is not a legal entity and thus had no capacity to be sued.

In November, attorneys filed a motion for summary judgment asking that the court also find the national fraternity not liable. They argued that fraternity headquarters in South Carolina couldn’t possibly “police and monitor” day-to-day activities of thousands of students across the country.

The judge took the national fraternity’s motion for summary judgment under advisement, but filed no ruling before the lawsuit’s dismissal on Feb. 2.

Recent court filings don’t discuss what, if any, sanctions the local chapter faced from the KU Interfraternity Council or the national fraternity as a result of the 2015 party.

The KU Interfraternity Council website lists Pi Kappa Phi as a current member chapter. The chapter plans to move into a newly constructed house on the other side of campus, at 1505 Sigma Nu Place, this fall.