A massage therapist who accused Madison Square Garden owner James Dolan and former movie producer Harvey Weinstein of sexual abuse in a recent federal lawsuit plans to appeal a judge’s decision this week dismissing her case.
Attorneys Kevin Mintzer and Meredith Firetog, who are representing plaintiff Kellye Croft, said in a statement they believe a judge incorrectly interpreted federal sex trafficking law in dismissing Croft’s claim and were confident they would prevail on appeal.
“Our fight for Ms. Croft is just beginning,” the attorneys said.
Croft in January sued Dolan and Weinstein, who were friends, alleging that Dolan coerced her to have sex with him on multiple occasions while she was working as a masseuse on tour with his rock band in 2013 and 2014. Croft alleged that Dolan facilitated a meeting between her and Weinstein at a Los Angeles hotel, during which she said Weinstein pinned her to a bed, forced his fingers inside her and tried to rape her. She also alleged the music management company that arranged her trip to California disregarded Dolan’s desire to bring her along for sex.
Croft’s lawsuit accused Dolan of sex trafficking, sexual battery, and aiding and abetting sexual assault. It also accused Weinstein of sexual assault and attempted rape.
U.S. District Judge Percy Anderson threw out the case this week, finding that Croft had failed to provide enough evidence to meet the federal requirements for sex trafficking.
The decision comes during a week of momentous developments in sexual assault cases against celebrity New Yorkers. On Monday, police arrested music mogul Sean “Diddy” Combs at a Manhattan hotel after he was indicted on federal charges, including sex trafficking and racketeering conspiracy. Combs pleaded not guilty and is being detained without bail.
And on Wednesday, Manhattan District Attorney Alvin Bragg announced a new first-degree criminal sexual act indictment against Weinstein related to a 2006 allegation. Weinstein also pleaded not guilty.
In Croft’s civil case, she alleged that Dolan took advantage of her when she was a 27-year-old massage therapist trying to launch her career and he was a 58-year-old powerful businessman. The lawsuit stated that she was lonely at the time and had never left her home in the suburbs of Nashville, Tennessee, for more than a few a nights before the tour.
“Dolan was extremely assertive, and pressured Ms. Croft into unwanted sexual intercourse with him,” the lawsuit alleged. “She felt disgusted and terrified of the situation, but the extreme isolation she felt from others on the tour, coupled with Dolan’s attention to her, his assertions that he would take care of her, and her recognition that this man held immense power over everyone’s position on the tour — including hers — led her to submit to Dolan’s advances.”
Anderson ruled that Croft had not shown she had received anything of value in exchange for sex. Her suit cited a round-trip plane ticket, a multi-night stay at a luxury hotel in Beverly Hills, California, and thousands of dollars in additional payments she received.
But Anderson said Croft had not clearly demonstrated that she was compensated specifically for sexual favors, and ruled that she could not pursue the sex trafficking claim any further. The judge ruled Croft could try again with her other allegations against Dolan and Weinstein. Croft’s attorneys said they will appeal the decision.
A spokesperson for Dolan said his team was “very pleased with the dismissal of the lawsuit, which was a malicious attempt to assert horrific allegations by an attorney who subverts the legal system for personal gain.” The spokesperson noted Croft is being represented by the same law firm that represented former NBA player Charles Oakley in a civil case against Madison Square Garden.
Weinstein’s attorney, Imran Ansari, said his client was also “pleased” with the court’s decision.
“Regardless of which court these claims are brought in, he will continue to vehemently deny the allegations made against him,” Ansari said in a statement.
