A federal judge refused to dismiss a civil lawsuit against a former South Dakota lawmaker serving time for molesting his foster daughters.

But Judge Lawrence Piersol did grant a request from Ted and Connie Klaudt of Walker to move the case from Sioux Falls to Aberdeen, saying it would not be any more expensive and would not hurt the chances for a fair trial.

One of the couple's former foster daughters is suing them for negligence, breach of fiduciary duty and battery. She now lives in Mandan, N.D., but doesn't want the case moved.

Ted Klaudt is serving 54 years in state prison at Springfield for rape and witness tampering.