NEW YORK (CBSNewYork) — A judge could decide Wednesday if the civil case against former International Monetary Fund chief Dominique Strauss-Kahn moves forward.

Nafissatou Diallo, the hotel maid who claims she was sexually assaulted by Strauss-Kahn last year, filed a lawsuit against him in August of 2011.

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Diallo alleged Strauss-Kahn attacked her last May inside his room at the Sofitel Hotel, but the criminal case that was brought against him was dropped in August.

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After the charges were dropped, Strauss-Kahn returned to France and called his encounter with Diallo a “moral failing.” He claims diplomatic immunity should protect him from the lawsuit.

The lawsuit claims Diallo “did not know that defendant Strauss-Kahn was the head of the IMF…” at the time of the incident in May.

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A hearing is scheduled for Wednesday afternoon in the Bronx.