NASHVILLE (AP) — A lawmaker accused of sexual misconduct is asking a judge to dismiss a lawsuit filed by a student alleging school officials wrongly distributed T-shirts promoting the Republican.

The shirts were for a state Capitol field trip. Rep. David Byrd's attorneys argue the student didn't attend the field trip, and therefore the case should be dismissed because the student wasn't forced to wear the shirt.

The dismissal request comes after settlement talks.

Byrd hosted an October "Senior Day on the Hill" for high school seniors. A voice message was sent to families telling students to get shirts promoting Byrd and change before boarding school buses.

The lawsuit claims First and Fourteenth Amendment violations.

Byrd has been accused of sexual misconduct while he was a high school basketball coach decades ago.