Judge Dismisses Castor's Suit Against Cosby Accuser Constand
Former prosecutor Bruce Castor Jr.'s lawsuit against one of Bill Cosby's accusers has been dismissed in Philadelphia court.
In two orders signed Tuesday, Philadelphia Court of Common Pleas Judge Ann Butchart sustained preliminary objections brought by Andrea Constand and by her lawyers, Bebe Kivitz and Dolores Troiani. All three were defendants to Castor's lawsuit, in which he alleged that Constand sued him in 2015 in order to destroy his political career. Butchart dismissed Castor's claims with prejudice.
In her own suit, ongoing in federal court, Constand alleged that Castor defamed her when he publicly discussed why he chose not to prosecute Cosby in 2005, based on Constand's allegation that Cosby had sexually assaulted her. The defamation suit was filed in 2015, when Castor was preparing to run for district attorney of Montgomery County, a race he ultimately lost. Castor was that county's DA from 2000 to 2008.
Castor alleged that Constand and her lawyers "made it their mission to destroy Castor’s desire and campaign for Montgomery County district attorney," and did so through an abuse of legal process. In her preliminary objections, Constand argued that the claims in Castor's second amended complaint were legally insufficient and littered with "scandalous and impertinent matters in almost every single paragraph."
Constand argued that Castor brought, at best, a wrongful use of civil proceedings claim. She said he was "trying to pass off his legally insufficient Dragonetti claim as a claim for abuse of process."
Troiani and Kivitz argued in their preliminary objections that Castor's second amended complaint "does not resolve the deficiencies of his claims." "Castor is still pursuing recovery for a lawsuit he has not won," Troiani and Kivitz's objections said.
Jim Beasley of The Beasley Firm is representing Castor, and said he plans to appeal Butchart's orders. He also said he expects Constand's defamation suit to be dismissed in Castor's favor, and that he will file a Dragonetti claim after that happens.
"I think the judge is great, but she’s missed a couple things," Beasley said. "If they want to do this after [the defamation case is] dismissed in Bruce’s favor, that’s coming too. It almost doesn’t matter in the end."
Victoria Komarnicki, who represented Constand against Castor's claims, said, "We are very pleased that the judge made the correct decision." Jeffrey McCarron, who is representing Troiani and Kivitz, declined to comment on the orders, other than to say that he predicted the outcome.