MARYSVILLE (CBS/AP) — A Northern California judge has thrown out a $4 million defamation lawsuit against a woman who says she was raped by a man four years ago.

Attorney McGregor Scott says that the judge on Monday dismissed the suit filed by Lang Her, a former UC Davis student who is being held at the Yolo County jail for assaulting Yee Xiong of Davis at a party in 2012.

Her sued Xiong and three of her siblings because in 2015 they posted Facebook comments referring to him as a rapist.

Her stood trial in 2015 and this year for assaulting Xiong with both cases ending in hung juries.

With the prospect of a third trial looming, Her pleaded no contest to assault by means of force likely to produce great bodily injury, a felony. He is serving a one-year jail sentence.

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