MINNEAPOLIS (AP) — A federal judge has dismissed three counts from former Minnesota Senate aide Michael Brodkorb’s lawsuit over his firing — but two discrimination counts remain as the case goes forward.

Brodkorb was fired in 2011 after Senate leaders discovered his affair with then-Majority Leader Amy Koch (kohk). Brodkorb sued, claiming he was unfairly treated because female Senate staffers who carried on affairs were not punished.

On Wednesday, U.S. District Judge Susan Richard Nelson left the discrimination counts, but dismissed Brodkorb’s claims that he was defamed. She wrote that statements made by Senate Secretary Cal Ludeman were not defamatory because they were in made in the context of “heated” negotiations.

Nelson also dismissed the state and unnamed Senate employees as defendants. The Senate and Ludeman are the only defendants going forward.

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