Bill Cosby Is Now Able to Sue One of His Sexual Assault Accusers, Andrea Constand

Judge rules the woman's tweet breached a privacy contract

By Kendall Fisher Jul 18, 2016 8:08 PMTags
Bill Cosby, Andrea ConstandAlo Ceballos/WireImage, Todd Korol/Toronto Star via Getty Images

Bill Cosby can now go after one of the women who is accusing him of sexual assault.

E! News obtained the court documents from the entertainer's hearing on Friday in which he had filed a civil lawsuit against Andrea Constand, her mother, her attorneys and American Media—the parent company of the National Inquirer—for allegedly breaching the confidentiality provision of a 2006 settlement agreement.

Cosby's lawsuit claims all five parties breached a secrecy deal they made 10 years ago because Constand came forward and discussed her allegations against Cosby with law enforcement as well as in an interview and on Twitter—all of which helped lead to Cosby's arrest in December. 

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The documents reveal that U.S. Judge Eduardo Robreno ruled Constand and everyone else involved could not be sued for talking to law enforcement about her allegations; however, they can be sued for a Toronto Sun interview and two 2014 tweets regarding the matter.

In one tweet, Constand wrote, "I won't go away, there is a lot more I will say." In another, she added, "It's not that everybody just forgot about it, truth is nobody cared."

Constand argued that she didn't specifically name Cosby in the tweets and thus they couldn't form the basis of a breach of contract.

However, the judge stated, "This argument is unavailing because, of course, a statement can be a reference to an individual or situation even if it does not explicitly say so. Whether the tweets were in fact references to Cosby—and, if so, whether Constand breached the CSA by tweeting them—are questions to be answered at a later stage."

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Her lawyers can also be sued for their participation in the release of Cosby's infamous deposition in which he admitted to giving women drugs for the purpose of sex. While her lawyers argued that they played no role in the release of the deposition, the judge ruled that these are factual issues that cannot be resolved at this preliminary stage.

The National Inquirer released parts of the deposition as well as Constand's allegations and will also face Cosby in court as the judge found their involvement in question and that cannot yet be resolved at this point in time.

Meanwhile, The Cosby Show star faces three counts of felony indecent assault from the case involving Constand, who was a former basketball coach at Temple University, Cosby's alma mater.

Constand claimed during a visit to Cosby's home in 2004, she was given pills and wine that left her barely conscious and able to consent to sex. She was the first person to publicly allege sexual assault against the star.

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