Former DA's Civil Claim Against Cosby Accuser Dismissed

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By George Khoury, Esq. on April 09, 2018 1:56 PM

Former Montgomery County District Attorney Bruce Castor had his lawsuit against one of Bill Cosby's accusers, Andrea Constand, and her attorneys, dismissed with prejudice by the court.

In case this piece of the Cosby fallout had gotten past you, Former DA Castor was sued by Constand in 2015, while he was running for election as district attorney. That case is still pending in the federal court. However, he alleged in a separate lawsuit that Constand's lawsuit was an abuse of process, and filed in order to destroy his campaign which was ultimately unsuccessful. Constand's lawsuit related to Castor's actions while serving as district attorney in 2005, where he publicly explained the reasons why he would not file charges against Cosby based on Constand's accusations of sexual assault.

No Dragonetti When Litigation Still Active

Notably, Castor's claim that the separate case against him is improper and abusive suffers from one rather significant flaw under Pennsylvania law, that case is not over. Constand and her attorneys successfully argued that Castor's second amended complaint was deficient and failed to make a cognizable abuse of process or Dragonetti claim. The latter of which is a Pennsylvania law that allows for recovery after meritless claims have been terminated.

Although Castor's attorney plans to appeal the dismissal, it would seem to be an uphill battle so long as Constand's case against him is still active.

Over a Decade of Cosby Fallout

It's hard to believe that the whole Bill Cosby situation was first introduced to the public spotlight in 2005 when Constand came forward. The timeline of events is astounding and shocking. Currently, Cosby's criminal retrial related to the sexual assault of Constand is underway.

Recently in the criminal matter, a jury has been empanelled, including six alternates, for the retrial. And while the case is no laughing matter, day one of trial was delayed due to b-list celebrity, Nicolle Rochelle, jumping the court barricade and rushing Cosby while topless with the slogan "Women's Lives Matter" painted on her chest.

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