AUBURN, Neb. (AP) — The family of a Peru State College student missing since 2010 and presumed dead is pushing ahead with a lawsuit against the college in state court, just two weeks after a similar lawsuit was dismissed in federal court.

At a hearing in Nemaha County District Court on Wednesday, an attorney for the family of Tyler “Ty” Thomas asked a judge to find college officials responsible for ignoring warnings that Joshua Keadle was a possible threat to female students.

Judge Daniel Bryan Jr. will issue a ruling at a later date.

Thomas disappeared in December 2010 after leaving a party. Authorities say Keadle, who is in prison for a 2008 rape, made incriminating statements to investigators, leading them to believe he was involved.