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Baxter Holmes, ESPN Senior WriterAug 21, 2024, 06:38 PM ET
- Baxter Holmes (@Baxter) is a senior writer for ESPN Digital and Print, focusing on the NBA. He has covered the Lakers, the Celtics and previously worked for The Boston Globe and Los Angeles Times.
A civil lawsuit against former NBA star Dwight Howard alleging sexual assault and battery has been dismissed, according to a court filing obtained by ESPN.
The dismissal came Monday in Gwinnett County Court in Georgia and was filed by Stephen Harper, who initially filed the lawsuit against Howard in July 2023.
In Monday’s filing, Harper dismissed all the claims he had asserted against Howard with prejudice, meaning he cannot refile a lawsuit on those claims.
Justin Bailey, one of Howard’s attorneys, told ESPN that no money was paid to Harper in exchange for him dropping the suit against Howard.
Harper’s attorneys didn’t immediately respond to a request for comment.
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The lawsuit stemmed from a July 2021 encounter at Howard’s Georgia residence, where Harper accused Howard of sexually assaulting him. Harper’s July 2023 complaint also accused Howard of “intentional infliction of emotional distress” and false imprisonment.
Howard denied those allegations and said in an October filing that he and Harper engaged in “consensual sexual activity.”
Howard subsequently argued in a December filing that the accusations against him were baseless and asked the court to immediately rule in his favor and dismiss the lawsuit without a trial. A judge denied that request in February.
In the original complaint, Harper’s lawyers said he and Howard first began corresponding over direct messages on Instagram in May 2021, with Harper initiating the exchange. Harper’s complaint showed screenshots of the alleged Instagram exchanges between Harper and Howard, along with an Uber receipt for 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 the December filing obtained by ESPN. “After one consensual evening together, Mr. Howard was no longer interested in keeping Mr. Harper’s company.”
Harper’s lawyers wrote in a January response that the suit had “nothing to do with unrequited love” and 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.
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.
