Tag: LEGAL

In between the time of the dual restraining order agreement in January 2021 and the arbitration ruling in September 2022, Diplo and Auguste filed their competing lawsuits. Diplo filed his lawsuit against Auguste—alleging stalking, trespassing, and distributing private materials—in April 2021. Auguste filed her lawsuit against Diplo—alleging sexual battery, gender violence, and more—in June 2021.

(Shortly after Auguste filed her lawsuit, another woman also filed a suit against Diplo, alleging that she was coerced into performing oral sex on him at an after-party in Las Vegas in 2019. She also alleged that Diplo filmed the alleged incident nonconsensually. The woman withdrew her lawsuit within a month of its filing. An attorney for Diplo said upon the complaint’s withdrawal, “As we said when we first learned of this lawsuit, there was absolutely irrefutable evidence that proved that the allegations it contained were false. As soon as we shared that plethora of evidence with the plaintiff’s lawyers, they recognized that they needed to withdraw their suit immediately.”)

Auguste went to police with her new claim on Friday, August 18, 2023, “to report that she was the victim of Revenge Porn,” the police report states. In the report, it’s noted that Auguste told a police officer that she had allowed Diplo to take nude photographs of her and “sent […] nude videos and photographs to [Diplo] voluntarily. Those items were for him only and not to distribute to others.” She added that he “distributed some of the nude videos and photographs of her online,” as also alleged in her lawsuit.

The same day Auguste went to the police station, she said in the report, a woman contacted her on Instagram and told her that she had six nude photographs of her; Auguste explained in the report “that they were the photographs that either [Diplo] took or that she had given to him.”

Auguste, according to the police report, “believes that [Diplo] is distributing the nude photographs because he is mad at her for recently filing legal action against him. She stated that he wants to harass and embarrass her.”

Auguste was granted a new temporary restraining order against Diplo on September 18. On August 24, Diplo made a request for his own temporary restraining order. That request was denied, with the Superior Court of California stating in its explanation that “[t]here are insufficient articulable facts of harassment pled in this Petition to warrant the Court’s issuance of emergency temporary orders.” In October, a judge extended Auguste’s temporary restraining order until December 2023.

Auguste is currently enrolled in California’s Safe at Home program, which allows “victims of domestic violence, stalking, sexual assault, human trafficking and elder and dependent abuse, as well as reproductive health care workers, a substitute mailing address to receive first class, certified, and registered mail.”

“I think it’s time the music industry stops enabling the perpetual abuse that occurs,” Shelly Auguste said in a statement to Pitchfork. “I have been silenced for far too long. I hope that with this restraining order I can finally gain peace and protection. I hope that with the criminal investigation, the justice system gets it right this time.”

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://www.rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

If you are being sexually harassed, you can report it to the authorities at your job, school, or local law enforcement. For more information go to https://www.rainn.org/ThatsHarassment

Jussie Smollett, the former Empire actor who was convicted of staging and reporting a hate crime on himself in 2019, may have to finish a 150-day jail sentence that was cut short last year, The Associated Press reports. Smollett had appealed his conviction, but an Illinois court has now upheld it. The AP reports that, while Smollett challenged evidence, jury selection, the role of special prosecutor, and other facets of the case, an Illinois appellate court ruled against him in a 2-1 decision.

In January 2019, Smollett, who is Black and gay, reported to the Chicago Police Department that he had been the victim of a racist and homophobic attack. In the ensuing months, the two suspects originally arrested in connection with the alleged attack were released from police custody. Days later, Smollett was charged with felony disorderly conduct for filing a false police report about the attack.

After losing his spot on the remainder of Empire’s fifth season, Smollett was hit with a 16-count grand jury indictment for filing false police reports and posing as a victim of a hate crime. Smollett pleaded not guilty on all counts, and the charges were ultimately dropped.

He was indicted again, however, on six counts of disorderly conduct for the bogus 2019 police report. After pleading not guilty to the new indictment, Smollett was convicted on all six counts in December 2021.

Smollett was originally sentenced to 150 days in county jail in March of last year, but an appeals court ordered his release after the actor had served six days of the stint. At the time, the court ruled that Smollett should be released pending the appeal of his conviction. Smollett’s release was contingent on a personal recognizance bond of $150,000 that would require him to be in attendance at court.

Daryl Hall accused his Hall and Oates bandmate and partner John Oates of the “ultimate partnership betrayal” in a new court document filed Wednesday, which supports his Nashville chancery court lawsuit over an alleged breach of their business partnership. Hall described Oates’ plan to sell his half of their company Whole Oats Enterprises to Primary Wave as having happened “completely behind my back” and without his written consent, the AP and Rolling Stone report. “I am deeply troubled by the deterioration of my relationship with, and trust in, John Oates,” Hall wrote in his declaration.

In his filing, Hall claimed that he and Oates were in the middle of mediation to potentially dissolve or untangle Whole Oates Enterprises as part of what Hall described as a “global divorce.” Hall described Oates’ behavior in the past several years as “adversarial and aggressive instead of professional and courteous.”

Hall said he then learned of Oates’ attempted sale to Primary Wave. Hall offered harsh words about Primary Wave’s business practices, citing the potential of “unimaginable” harm to Whole Oats’ many assets (including the duo’s trademarks, likenesses, royalties, and online properties). “I have no intention of becoming partners with Primary Wave, and the Oates Trust cannot be permitted to thrust a new partner upon me in this outrageous fashion.” The judge issued a temporary restraining order to block Oates’ planned sale the same day Hall filed the lawsuit.

Oates filed his response in court on Wednesday, calling Hall’s statements “inflammatory, outlandish, and inaccurate.” He added: “I have no idea who or what is motivating Daryl to take these steps and make such salacious statements, but I am deeply hurt.”

“Over the years, Daryl has consistently and publicly been adamant about being perceived as an individual rather than as part of a duo or group. Thus, he has insisted on our being known as ‘Daryl Hall and John Oates,’ rather than the more commonly known ‘Hall & Oates,’” Oates wrote. “On this point I agree. I now must act with truthfulness and make decisions that are right for myself, my family, and my artistic future.”

Primary Wave has owned a partial interest in Hall and Oates’ song catalog for 15 years. Hall has spoken publicly about regretting that deal. “Never sell your publishing,” he said. “Maybe if you’re, you know, 80 years old and you decided to retire, then you can sell your publishing, but I wouldn’t even suggest it then. I don’t believe in that concept.”

Note: This article contains descriptions of alleged sexual assault.

Less than a week after settling a sexual assault lawsuit brought by Cassie, Sean “Diddy” Combs has been sued by two more women, one of whom alleges rape, the other sex trafficking and revenge porn, among other claims. The separate lawsuits—by Joi Dickerson-Neal and a woman identified as Jane Doe—were both filed under New York’s Adult Survivors Act and pertain to alleged incidents in the early 1990s.

Joi Dickerson-Neal accuses Diddy of assault and battery, intentional infliction of emotional distress, sex trafficking, gender-motivated violence, and making and disseminating revenge porn. She claims that, while studying psychology at Syracuse University, she agreed to a date with Diddy, with whom she had starred in a music video. She alleges that, during the date, Diddy drugged her, took her to another location, then secretly filmed himself sexually assaulting her. Days later, she claims, a male friend told her that he and several others had seen the footage.

Dickerson-Neal was hospitalized for severe depression and suicide ideation, according to the lawsuit. It adds that she was left with “overwhelming feelings of humiliation, embarrassment, violation, and constant apprehension” about who had seen the video. The lawsuit also names Bad Boy Entertainment and Combs Entertainment LLC as defendants.

In a statement shared with Pitchfork, Dickerson-Neal added: “Truthfully, it has all been said in my lawsuit. I am so thankful for the bravery of the other women that came forward, the Adult Survivors Act which opened up the filing window to seek justice, and the unwavering support from my attorneys. For 32 years, the only people I have been able to confide in were my close friends and therapists. I’m feeling as if the darkness has been lifted and I can freely move forward in achieving my full potential.”

The lawsuit attributed to Jane Doe also names the singer Aaron Hall as a defendant (along with MCA Inc., MCA Music Entertainment Group, Geffen Records, 10 John and Jane Does, and 10 unknown entities summarized as “ABC Corps.”). She alleges that she and a friend were at an MCA event when Diddy and Hall invited them to an afterparty. After arriving at Hall’s apartment, she claims, Diddy coerced her into sex, before Hall “barged into the room, pinned her down,” and raped her. She alleges that, in another room, the two men also forced her friend to have sex with them. Two days later, the lawsuit alleges, Diddy—worried that “the girl he was with at the time” would find out about the alleged incident—came to the home where the two women were staying and choked Doe until she passed out.

When reached by Pitchfork, a spokesperson for Sean “Diddy” Combs stated: “These are fabricated claims falsely alleging misconduct from over 30 years ago and filed at the last minute. This is nothing but a money grab. Because of Mr. Combs’ fame and success, he is an easy target for anonymous accusers who lie without conscience or consequence for financial benefit. The New York Legislature surely did not intend or expect the Adult Survivors Act to be exploited by scammers. The public should be skeptical and not rush to accept these bogus allegations.”

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

At the motel, Sarhadi claims that Justin Sane screamed, “Football Tackle!” and tackled her onto the bed, then strangled her and forced her to perform oral sex. She says she was crying and repeatedly told him to stop, but he ignored her, penetrating her vagina with his penis and eventually passing out on top of her. She says she was able to escape his hotel room without waking him.

Sarhadi says the incident left her with a number of psychological injuries, and that she has had treatment for “C-PTSD, clinical depression, ADHD resulting from trauma, emotional hyperarousal, and rejection sensitivity dysphoria.” She is seeking damages for lost income and medical and mental health costs, accusing Justin Sane of assault, sexual battery, and intentional infliction of emotional distress. She also accuses Hardwork and Doe 1 of negligence and negligent infliction of emotional distress.

In her statement, Sarhadi says that, when she first shared her story, she did so for her “own personal healing” and “had no intention of naming Justin or pursuing a lawsuit.” But hearing from other alleged survivors of abuse at his hands encouraged her to take action. “In the last five months I have learned the levels of his depravity and witnessed the inaction of those around him who could have and should have intervened to protect us,” she says.

Dr. Ann Olivarius, an attorney for Sarhadi, said in her own statement, “I predict that in five years the music industry will be viewed the same way as the Catholic Church or the Boy Scouts—a powerful force that also enabled and shielded sexual predators for decades. ‘Drugs, sex & rock ‘n roll’ was a reality that meant a lot of young women got abused. The bands had handlers who made it all happen and executives who covered it all up because so much money depended on it.”

After the first allegation surfaced, several women came forward with similar accusations of predatory behavior and sexual abuse by Justin Sane, as the lawsuit notes. At the time, the other members of Anti-Flag released a statement condemning him and thanking the survivors for coming forward. Pitchfork has emailed Justin Sane for comment.

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

Note: This article contains graphic descriptions of alleged sexual assault.

Sheila Kennedy has sued Guns N’ Roses singer Axl Rose for allegedly sexually assaulting her in 1989. Kennedy, a former Penthouse model, alleges in the lawsuit that Rose used his celebrity to “manipulate, control, and violently sexually assault” her at a party, causing “symptoms akin to post-traumatic stress disorder.” Legal representatives for Kennedy filed the summons and complaint today (November 22), requesting a jury trial, under New York’s Adult Survivors Act.

According to the lawsuit, Kennedy met Rose at a nightclub and invited her and another model to his New York hotel room for a party with one of his friends. Kennedy says she initially consented to Rose’s advances, but changed her mind when he became aggressive during sex with the other model, and when he appeared to try to instigate group sex. She claims that, shortly afterward, she went to Rose’s friend’s hotel room when Rose stormed in, blocked her exit, and threw her to the floor. According to the lawsuit, Rose then “grabbed her by the hair and dragged her across the suite back to his bedroom,” causing her knees to bleed.

The lawsuit alleges that Kennedy was crying and trying to gather her belongings when Rose threw her onto the bed and tied up her hands with pantyhose. “He dragged Kennedy to his bedroom like a caveman,” the lawsuit continues, and anally raped her without a condom. She feared that he would retaliate if she tried to escape, so waited for the assault to finish before she left, according to the lawsuit.

As a result of the alleged assault, Kennedy was diagnosed with anxiety and depression, has difficulty with physical and emotional intimacy, and avoids social scenarios where she might hear Rose’s music, the lawsuit alleges. She is seeking damages for assault, battery, intentional infliction of emotional distress, and gender-motivated violence.

When reached by Pitchfork, Alan S. Gutman, an attorney for Axl Rose, stated:

Simply put, this incident never happened. Notably, these fictional claims were filed the day before the New York State filing deadline expires.

Though he doesn’t deny the possibility of a fan photo taken in passing, Mr. Rose has no recollection of ever meeting or speaking to the Plaintiff, and has never heard about these fictional allegations prior to today.

Mr. Rose is confident this case will be resolved in his favor.

Pitchfork has also reached out to Sheila Kennedy’s attorneys for comment.

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

A$AP Rocky must stand trial for allegedly shooting his former friend Terell “A$AP Relli” Ephron in 2021, a Los Angeles judge ruled yesterday (November 21), The Associated Press reports. The judge said there was enough evidence for Rocky to face the two felony counts of assault with a semiautomatic firearm. Rocky has pleaded not guilty to both charges. He faces up to 24 years in prison, prosecutors said.

The judge emphasized that, while there is sufficient evidence for a trial, preliminary hearings have a much lower evidence standard, The AP reports. Rocky’s attorney, Joe Tacopina, said outside court, “We’re not disappointed, not surprised, we expected to go to trial, we’ve been planning for trial all along. Rocky is going to be vindicated when all this is said and done, without question.”

In the preliminary hearing, the prosecution and defense analyzed footage from the scene of an alleged shooting, in which prosecutors claim to have identified Rocky. Using bodycam footage, Tacopina established that police found no evidence of the shooting after searching a sidewalk and street about 20 minutes after the apparent sound of gunshots. Surveillance footage captured images of a hooded figure carrying what appears to be a gun, but detectives said the gun was not recovered.

A$AP Relli has also sued A$AP Rocky, both for the alleged shooting and for defaming him in the press.

The R&B and singer Cassie, who had accused Sean “Diddy” Combs of rape, sexual battery, and sex trafficking in a bombshell lawsuit this week, has settled her suit with the hip-hop mogul. Her attorney, Douglas H. Wigdor, announced the development in a press release Friday night (November 17), a day after the New York Times first reported on the suit.

Both parties shared brief statements about the swift end to the case, with Cassie writing, “I have decided to resolve this matter amicably on terms that I have some level of control. I want to thank my family, fans and lawyers for their unwavering support.”

Diddy, for his part, offered, “We have decided to resolve this matter amicably. I wish Cassie and her family all the best. Love.” Wigdor said that neither his client nor Diddy would make further comment on the matter, and did not disclose the sum of the settlement.

In her suit, Cassie, whose legal name is Casandra Elizabeth Ventura, detailed numerous instances of sexual, verbal, and physical abuse over the course of several years, along with accusations of sex trafficking and forced drug use. She filed the suit under New York’s Adult Survivors Act, which expires on November 23. Former Danity Kane members Dawn Richard and Aubrey O’Day, who had both worked with Diddy via Making the Band, expressed their support for Cassie

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
https://www.rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

If you or someone you know have been affected by domestic abuse, we encourage you to reach out:

The National Domestic Violence Hotline
https://thehotline.org
1-800-799-SAFE (7233)

A man connected to Tupac Shakur’s death has been arrested and charged with murder with use of a deadly weapon, marking an unlikely breakthrough in a case that has vexed investigators since the rap icon was shot dead on the Las Vegas Strip in 1996.

Nevada police detained Duane Keith “Keefe D” Davis today (September 29), and a grand jury indicted him in the killing of Shakur, The Associated Press reports. Davis, who has long been known to investigators, has admitted in interviews and in his 2019 memoir, Compton Street Legend, that he was in the Cadillac with Shakur’s shooter. He is now the first person to be arrested in direct connection with the killing.

In court today, a prosecutor announced that Davis was also charged with the intent to promote, further, or assist a criminal gang.

Davis’ arrest and indictment follow the execution of a search warrant in Henderson, Nevada, in July, related to the ongoing investigation. (The house that police investigated belongs to Davis’ wife.) Las Vegas police have long maintained their case was hampered by a lack of cooperation from witnesses, though independent investigations have unearthed significantly more information than what has been revealed by law enforcement.

The case originates in May 1996 when Orlando “Baby Lane” Anderson allegedly assaulted Travon “Tray” Lane, associate of Death Row Records boss Suge Knight, at a shoe store. On September 7, after a boxing match between Mike Tyson and Bruce Seldon at the MGM Grand in Las Vegas, Lane told Shakur he saw Anderson in the lobby. Shakur then led an assault on Anderson that security cameras captured. He returned to his hotel room at the Luxor before departing with Knight for Club 662, where he was scheduled to perform at a charity event.

En route, a white Cadillac pulled up to the passenger side of Shakur’s car. The shooter rolled down the rear seat window of the Cadillac and fired a .40 S&W Glock 22, hitting Shakur four times. One bullet entered Shakur’s right lung, and the musician was taken to the University Medical Center of Southern Nevada to receive treatment. He died six days later after the removal of his right lung caused respiratory failure and cardiac arrest.

Anderson was arrested in a “gang sweep” one month later. Investigators interviewed Anderson and identified him as the man in the surveillance footage, but did not charge or arrest him, believing the person in the footage could not have killed Shakur. Lieutanent Larry Spinosa told reporters, “At this point, Orlando Anderson is not a suspect in the shooting of Tupac Shakur.”

Lizzo has issued a formal denial in response to the harrasment lawsuit filed by three of her former dancers last month. In her answer to the complaint—filed in a Los Angeles court on Wednesday, September 27, and viewed by Pitchfork—Lizzo and her lawyers also requested the dismissal of the lawsuit without prejudice while, like the plaintiffs, demanding a jury trial.

Arianna Davis, Crystal Williams, and Noelle Rodriguez are suing Lizzo, the Big Grrrl Big Touring production company, and dance captain Shirlene Quigley. Through the the complaint, the women accuse Lizzo of sexual harassment, disability discrimination, racial harassment, and creating a hostile work environment. After the lawsuit became public knowledge, Lizzo released a statement on social media denying the allegations, calling them “false,” “unbelievable,” and “outrageous.”

In the new filing, Lizzo’s lawyers issue a general denial and over 30 lines of defense explaining why they believe the lawsuit doesn’t hold water. The attorneys also claim that plaintiffs “ratified, acquiesced, condoned and/or approved of” Lizzo’s acts, as well as those of Big Grrl Big Touring production company and Shirlene Quigley.

In a statement shared with Pitchfork, the plaintiffs’ attorney, Neama Rahmani, wrote:

Lizzo’s answer merely consists of boilerplate objections that have nothing to do with the case. That said, the key takeaway is that Lizzo is agreeing to our clients’ demand for a jury trial. We look forward to presenting our case in court and letting a panel of her peers decide who is telling the truth, Lizzo and her team who continue to shame the victims or the plaintiffs and so many others who have come forward sharing similar stories of abuse and harassment.

Last week, Lizzo’s former tour employee Asha Daniels sued the singer over subpar working conditions, alleging that she was denied breaks during 20-hour shifts. She also claimed that Amanda Nomura, a member of Lizzo’s team, called Black women on the tour “dumb,” “useless,” and “fat.”