A federal judge has dismissed a lawsuit accusing Madison Square Garden executive James Dolan of pressuring a masseuse into unwanted sex while his band toured with the Eagles, though elements of the case will likely continue in state court.
Kellye Croft sued Dolan earlier this year, claiming he repeatedly coerced her into “unlawful and unwelcome sex acts” during the 2013 tour. The lawsuit also included assault allegations against disgraced film producer Harvey Weinstein, claiming Dolan facilitated the incident with the convicted rapist.
But in a ruling Tuesday, Judge Percy Anderson permanently dismissed Croft’s only federal allegation — a claim that Dolan had violated federal sex trafficking laws. The judge said Croft had failed to meet the basic requirements to sue under the statute.
The case also includes separate state-law accusations, including claims of sexual battery and aiding and abetting of sexual assault against Dolan and a claim of sexual assault against Weinstein. But without any federal claims remaining, Anderson ruled Tuesday that he no longer had jurisdiction to hear the case.
The decision means that the current case in federal court is over, but that Croft can re-file her other allegations in New York state court. In a statement Wednesday, her attorneys vowed to do so, saying that their “fight for Ms. Croft is just beginning.”
“We respectfully disagree with the district court’s decision, which we believe incorrectly interprets the federal sex trafficking law and undermines critically important protections for sex trafficking survivors,” said Kevin Mintzer and Meredith Firetog of the law firm Wigdor, adding that they would appeal that decision. “We will also continue to pursue Ms. Croft’s sexual battery claims against James Dolan and Harvey Weinstein, which remain unaffected by the decision.”
In his own statement, a spokesperson for Dolan said, “We are 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.”
Croft sued in January, claiming she had been hired to serve as a massage therapist for Glenn Frey during the 2013 tour, on which Dolan’s band (JD & The Straight Shot) opened for Eagles. She says she thought the job was the “opportunity of a lifetime,” but that she quickly realized the real reason she was there: “Dolan was extremely assertive, and pressured Ms. Croft into unwanted sexual intercourse.”
Dolan, whose company also owns Manhattan’s Radio City Music Hall, the Las Vegas Sphere and other prominent music venues, has strongly denied the allegations, calling Croft an “opportunist” who is “looking for a quick payday.”
One key legal allegation in the lawsuit was that Dolan and others violated a federal sex trafficking statute — namely, by fraudulently transporting her across state lines for purposes of providing forced sexual favors to Dolan. That claim was dismissed by Anderson earlier this year, but he then gave Croft one last chance to update her case with a viable argument.
In his ruling Tuesday, he said she had failed to do so. The federal sex trafficking law requires a “commercial sex act,” and the judge said that Croft had failed to allege that her sexual relationship with Dolan was the direct result of his promises of career advancement.
“Plaintiff [claims she] received promises from Dolan that she would be invited on the Eagles’ European tour and could potentially receive work as a massage therapist for tours at Madison Square Garden,” the judge wrote. “While the [lawsuit] alleges that plaintiff may have hoped to obtain a future career benefit from her relationship, it fails to directly allege that she went to Dolan’s room and continued to engage in a sexual relationship with him in order to receive the alleged promised benefits.”