Judge declines to dismiss lawsuit vs. ex-NBA star Dwight Howard،
A Georgia judge has denied a request from lawyers for former NBA star Dwight Howard to immediately dismiss the lawsuit filed against him on charges of sexual assault and battery.
The Gwinnett County judge issued his ruling this week, according to a filing obtained by ESPN, while also deciding to seal an exhibit filed in December 2023 that contains what Howard's lawyers called embarrassing and sexually explicit text messages.
The suit 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, as well as “intentionally inflicting emotional distress” and false imprisonment.
“My comment at this point is that we are pleased that the court denied Mr. Howard's motion and we look forward to proving our client's case,” Harper's lawyer Olga Izmaylova said Thursday. at ESPN.
The case is still in the discovery phase and no trial has been scheduled.
“Justice will prevail and we have full confidence in our justice system and the process,” Justin Bailey, one of Howard's attorneys, told ESPN. “This order is part of the process. We will engage in discovery and further prove our case and when the time is right, we will let our future pleadings speak for themselves.”
Howard's lawyers have repeatedly asserted that the encounter, which involved 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 summary judgment in their favor – which would dismiss the charges without a trial.
In the initial complaint, Harper's lawyers said he and Howard began corresponding via 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, as well as an Uber receipt from Harper's trip to Howard's residence on the night of the encounter.
Harper turned himself in to police a year later, according to a July 2022 incident report from the Gwinnett County Police Department, obtained by ESPN. No charges have been 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 a consensual evening together, Mr. Howard was no longer interested in keeping Mr. Harper company.”
In a January 2024 response obtained by ESPN, Harper's lawyers asked the judge to deny the request for summary judgment, writing that the case had “nothing to do with unrequited love.” They asked the judge to override Howard's efforts “to escape the consequences of his actions” and allow Harper to prove his claims to a jury.
On February 15, according to a filing obtained by ESPN, Howard's lawyers responded, writing that “this lawsuit is simply being used to satisfy private grudges 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 three-time NBA Defensive Player of the Year.
