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Former U.S. Sen. Ben Nighthorse Campbell can be sued for age discrimination by a former aide even though he is no longer in Congress, a judge has ruled.

U.S. District Judge Clarence Brimmer ruled Monday that Rita Bastien’s case is really against the Senate, not an individual senator.

“The fact that Sen. Campbell is no longer in office is irrelevant,” Brimmer wrote in his decision.

Bastien sued Campbell, a Republican from Ignacio, in 2001, before he retired from the Senate. The former aide was 62 when she was let go and said she was fired because of her age.

Campbell spokeswoman Kate Dando said the ruling wasn’t a surprise.

“We’re confident there will be a finding in favor of the Senate,” she said.

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