Judge won’t dismiss suit against Dwight Howard
a motion by lawyers for former NBA star center Dwight Howard to immediately dismiss a lawsuit against him that alleges sexual assault
and battery.
The Gwinnett County judge made the ruling this week, according to a filing
obtained by ESPN, while also ruling to seal an exhibit filed in December
2023 that contains what Howard’s lawyers argued were embarrassing, sexually
explicit text messages.
The lawsuit was filed in July 2023 by Stephen Harper, who alleges that
Howard sexually assaulted him during a July 2021 encounter at Howard’s
Georgia residence, along with “intentional infliction of emotional
distress” and false imprisonment.
“My comment, at this time, is that we are glad the court denied Mr.
Howard’s motion and look forward to proving our client’s case,” Harper’s
attorney, Olga Izmaylova, told ESPN on Thursday.
The case is still in the discovery phase and no trial has been scheduled.
“Justice will prevail and we fully trust in our justice system and the
process,” Justin Bailey, one of Howard’s attorneys, told ESPN. “This order
is a part of the process. We will engage in discovery and will further
prove our case and when the time is right we will let our future pleadings
speak for themselves.”
Howard’s attorneys have on multiple occasions alleged that the encounter,
which was said to involve a third person, was consensual. In October 2023,
Howard’s lawyers denied the allegations and asked the court to dismiss the case. They went further in December 2023, asking the judge for a summary judgment in their favor — which would dismiss the charges without a trial.
In the initial complaint, Harper’s lawyers said he and Howard first began
corresponding over direct messages on Instagram in May 2021, with Harper
initiating the exchange. That complaint included screenshots of alleged
Instagram exchanges between Harper and Howard from 2021, along with an Uber
receipt of Harper’s trip to Howard’s residence on the night of the
encounter.
Harper went to police a year later, according to a July 2022 incident
report from the Gwinnett County Police Department, which was obtained by
ESPN. No charges were filed.
“This is nothing more than a classic case of unrequited love,” Howard’s
lawyers wrote in a December 2023 filing obtained by ESPN. “After one
consensual evening together, Mr. Howard was no longer interested in keeping
Mr. Harper’s company.”
In a January 2024 response obtained by ESPN, Harper’s lawyers asked the
judge to deny the request for a summary judgment, writing that the case has
“nothing to do with unrequited love.” They asked the judge to see past
Howard’s efforts “to escape the consequences of his actions” and allow
Harper to prove his claims to a jury.
On Feb. 15, according to a filing obtained by ESPN, Howard’s attorneys
responded, writing that “this lawsuit is merely being used to gratify
private spite and promote public scandal.”
Howard, 38, last played in the NBA in 2021-22 with the Los Angeles Lakers. He is an eight-time All-Star and a three-time NBA Defensive Player of the
Year.
Source: A Georgia judge declined to dismiss a lawsuit against former NBA star Dwight Howard that alleges sexual assault, emotional distress and false imprisonment.
