DETROIT -- A Wayne County Court judge threw out a lawsuit filed by an attorney and some city union leaders claiming Mayor Kwame Kilpatrick defrauded taxpayers last year when the city agreed to settle the whistle-blower lawsuit for $8.4 million.

Judge Robert J. Columbo threw out the lawsuit, saying the plaintiffs couldn't show enough evidence that they suffered as a result of the lawsuit.

However, Colombo agreed to set another hearing on Aug. 8, where the judge will consider more evidence that shows city workers have suffered because of the settlement.

The police whistle-blowers lawsuit was settled out of court after a Detroit police officer said he was fired for investigating wrongdoing by Kilpatrick. The settlement included a secret side deal to hush text messages between Kilpatrick and his former chief of staff, Christine Beatty.

Detroit lawyer Edge O'Meara and his 35 clients said Kilpatrick and Beatty hoodwinked the Detroit City Council into accepting the settlement and hid the purpose of the settlement from them.

O'Meara has sought to freeze Kilpatrick's personal assets and those of the mayor's legal defense fund, which has raised more than $180,000.

Kilpatrick and Beatty face a Sept. 22 preliminary examination. They are charged with misconduct and obstruction of justice stemming from testimony they gave during the police whistle-blowers' trial.

They also are accused of lying about their roles in the firing of a police official. Both have denied any wrongdoing.

Excerpts of text messages first published by the Detroit Free Press in January have contradicted their testimony.