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Judge tosses fired band director's suit against Ohio State

(FILE, WSYX/WTTE)

A federal judge has dismissed the civil-rights lawsuit filed by Ohio State University's fired marching band director, putting an almost certain end to Jonathan Waters' two-year legal fight.

Waters was fired in July 2014 for ignoring a "sexualized culture" inside what's known to fans as The Best Damn Band in the Land. He denied wrongdoing and sued for reinstatement and damages alleging reverse gender-discrimination.

Federal Judge James Graham on Friday rejected Waters' argument that he was treated differently than a similarly-situated Ohio State female employee who faced allegations about "sexualized behavior" on the cheerleading squad.

Ohio State argued Waters was an at-will employee who could be fired for any reason and that he endured no reverse gender bias.

Waters could appeal but his lawyers have said he's out of money.

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