The 57-year-old California woman who filed a civil suit alleging that Cy Sun – today the mayor of Pacific – had sexually assaulted and molested her in the late-1960s has filed a motion for her suit to be dismissed.

According to Pierce County Superior Court documents filed on Aug. 30, Kathy Carbaugh’s attorney filed a motion asking for voluntary dismissal. The Superior Court granted the motion “without prejudice, fees or costs to any party.”

Because the lawsuit was dismissed without prejudice, it can be refiled again at a later date.

Carbaugh’s civil suit alleged that Sun had sexually assaulted and molested her in the late-1960s, when they were neighbors in Fife Heights, near Tacoma.

Sun was never charged with a crime in the matter, but Carbaugh’s family sued him in 1970, seeking $10,000 in damages, for “shock, fear and humiliation” and future medical expenses, according to documents obtained from the Pierce County Superior Court.

Sun countersued the Carbaugh family for defamation, seeking $1 million in damages.

After a jury trial in the Summer of 1972, Carbaugh’s case was dismissed and the jury ruled in favor of Sun for $30,000, which was later reduced to $1, according to court documents.

In October of 1972, both parties moved to have the cases dismissed with prejudice, meaning neither case could be brought back to court.

Carbaugh, who now lives in California, told the Seattle Times previously that she decided to revisit the allegations after seeing Sun on television.

“He looked hunched over, stooped, hard of hearing, and I am terrified of him,” she said. “I shouldn’t be. I should not be afraid of that man any longer.”

The suit asked for unspecified damages.