A Georgia decide denied a movement by attorneys for former NBA star middle Dwight Howard to right away dismiss a lawsuit in opposition to him that alleges sexual assault and battery.
The Gwinnett County decide made the ruling this week, in keeping with a submitting obtained by ESPN, whereas additionally ruling to seal an exhibit filed in December 2023 that comprises what Howard’s attorneys argued had been embarrassing, sexually specific textual content messages.
The lawsuit was filed in July 2023 by Stephen Harper, who alleges that Howard sexually assaulted him throughout a July 2021 encounter at Howard’s Georgia residence, together with “intentional infliction of emotional misery” and false imprisonment.
“My remark, at the moment, is that we’re glad the court docket denied Mr. Howard’s movement and look ahead to proving our consumer’s case,” Harper’s legal professional, Olga Izmaylova, informed ESPN on Thursday.
The case continues to be within the discovery part and no trial has been scheduled.
“Justice will prevail and we totally belief in our justice system and the method,” Justin Bailey, one in all Howard’s attorneys, informed ESPN. “This order is part of the method. We are going to have interaction in discovery and can additional show our case and when the time is correct we are going to let our future pleadings communicate for themselves.”
Howard’s attorneys have on a number of events alleged that the encounter, which was mentioned to contain a 3rd particular person, was consensual. In October 2023, Howard’s attorneys denied the allegations and requested the court docket to dismiss the case. They went additional in December 2023, asking the decide for a abstract judgment of their favor — which might dismiss the fees with out a trial.
Within the preliminary criticism, Harper’s attorneys mentioned he and Howard first started corresponding over direct messages on Instagram in Could 2021, with Harper initiating the alternate. That criticism included screenshots of alleged Instagram exchanges between Harper and Howard from 2021, together with an Uber receipt of Harper’s journey to Howard’s residence on the night time of the encounter.
Harper went to police a yr later, in keeping with a July 2022 incident report from the Gwinnett County Police Division, which was obtained by ESPN. No fees had been filed.
“That is nothing greater than a basic case of unrequited love,” Howard’s attorneys wrote in a December 2023 submitting obtained by ESPN. “After one consensual night collectively, Mr. Howard was not all for retaining Mr. Harper’s firm.”
In a January 2024 response obtained by ESPN, Harper’s attorneys requested the decide to disclaim the request for a abstract judgment, writing that the case has “nothing to do with unrequited love.” They requested the decide to see previous Howard’s efforts “to flee the implications of his actions” and permit Harper to show his claims to a jury.
On Feb. 15, in keeping with a submitting obtained by ESPN, Howard’s attorneys responded, writing that “this lawsuit is merely getting used to gratify personal spite and promote public scandal.”
Howard, 38, final performed within the NBA in 2021-22 with the Los Angeles Lakers. He’s an eight-time All-Star and a three-time NBA Defensive Participant of the 12 months.
