Peru State College and various officials have asked a federal judge to dismiss a lawsuit filed by the mother of a missing student.

The lawsuit by LaTanya Thomas blames the college and officials for neglecting to protect her daughter, 19-year-old Tyler “Ty” Thomas, from what the lawsuit says was a December 2010 attack that killed her. The lawsuit says she should have been protected from fellow student Joshua Keadle, who has been imprisoned since for the 2008 rape of a Fremont teenager.

The dismissal motion says officials couldn’t foresee that placing Keadle in the same dormitory where Thomas lived would lead to an assault by Keadle.

He has not been charged in her disappearance.