Gwinnett County

Judge denies Dwight Howard’s motion to dismiss sexual assault lawsuit, agrees to seal texts

By Courtney Martinez, WSBTV.com

Los Angeles Lakers v Toronto Raptors TORONTO, ON - MARCH 18: Dwight Howard #39 of the Los Angeles Lakers warms up ahead of their NBA game against the Toronto Raptors at Scotiabank Arena on March 18, 2022 in Toronto, Canada. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Cole Burston/Getty Images)

By Courtney Martinez, WSBTV.com

GWINNETT COUNTY, Ga. — A Gwinnett County judge denied a motion filed by Dwight Howard to dismiss a sexual assault lawsuit filed against him. The judge did agree to seal part of the court documents.

In July 2023, a Georgia man filed a state civil lawsuit against Howard on claims of assault and battery, intentional infliction of emotional distress and false imprisonment, according to court documents.

The plaintiff accuses the Atlanta native and former NBA star of sexually assaulting him after he did not agree to his sexual advances at Howard’s home in Gwinnett County on July 19, 2021.

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In Oct. 2023, Howard and his attorneys filed a response to the lawsuit and described the encounter as “consensual.” They moved for a summary judgment.

New court documents obtained by Channel 2 Action News confirmed that on Feb. 21, the judge denied the motion to dismiss.

“Defendant also moves for summary judgment, arguing that all sexual activity at issue in this suit was consensual. In response, Plaintiff submits affidavit and other evidence raising triable issues of material fact. Therefore, this Court HEREBY DENIES Defendant’s motion for summary judgment,” the judge ruled.

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Howard and his attorneys also requested that “embarrassing, sexually explicit text messages” included as one of the exhibits be sealed.

“This Court sees no public benefit to leaving those texts on display, such that the harm to Defendant’s privacy clearly outweighs the public interest,” the judge ruled.

The defendant re-filed his lawsuit after the judge’s ruling to not include the exhibit.

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