-
Baxter Holmes, ESPN Senior Writer
A judge on Tuesday dismissed a federal lawsuit filed by a woman who accused James Dolan, chairman of Madison Square Garden and governor of the New York Knicks and New York Rangers, of unwanted sex nearly a decade ago while also alleging that Dolan facilitated an encounter with disgraced Hollywood producer Harvey Weinstein, whom she also claimed sexually assaulted her.
The lawsuit was dismissed by a U.S. District Judge in California, according to a three-page filing Tuesday night that was obtained by ESPN.
The lawsuit was originally filed in January by a Tennessee woman named Kellye Croft who said she was 27 and working as a licensed massage therapist when she met Dolan in the fall of 2013 while on a tour with a rock band, the Eagles. (Dolan’s band, JD & The Straight Shot, opened for the Eagles during the tour.)
She alleged that Dolan pressured her into unwanted sexual intercourse with him. She also alleged that in January 2014, Dolan helped arrange for her to travel to Los Angeles to join the tour, which, in an amended version of her complaint from April, she claimed constituted sex trafficking — a federal crime.
In Los Angeles, Croft alleged that she met Weinstein at The Beverly Hills Hotel where Dolan was paying for her to stay. Weinstein, she alleged, introduced himself as one of Dolan’s “best friends,” then asked whether she was the massage therapist that Dolan had mentioned and previously praised.
She accused Weinstein of sexually assaulting her at the hotel, after which she informed Dolan, who allegedly responded by telling her that Weinstein was “a troubled person” with “serious issues.” The incident predated Weinstein being convicted for years of sexual abuse following investigative reports in 2017 by both The New York Times and The New Yorker.
That alleged incident also predated remarks by Dolan that he was unaware Weinstein, who had been a close friend, was allegedly a serial abuser of women. In 2018, Dolan, who served as a member of the board of directors of The Weinstein Company in 2015 and 2016, released a song with his band titled, “I Should’ve Known,” which he later connected, in part, to Weinstein.
ESPN typically does not name victims of alleged sexual assaults, but Croft issued a public statement when her lawsuit was filed. Croft sought a jury trial and unspecified damages. Attorneys for Dolan and Weinstein both filed subsequent motions to have the case dismissed.
The judge dismissed her claim of sex trafficking with prejudice, meaning it cannot be filed again. Her additional claims of sexual battery against Dolan, sexual assault by Weinstein and aiding and abetting of sexual assault by Dolan were dismissed without prejudice, meaning she could file those claims again.
Additionally, the judge ordered her to pay the defendants’ court costs.
“We respectfully disagree with the District Court’s decision, which we believe incorrectly interprets the federal sex trafficking law and undermines critically important protections for sex trafficking survivors,” Croft’s attorneys Kevin Mintzer and Meredith Firetog wrote in an email to ESPN. “We will be appealing this decision and are confident that the Court of Appeals will correct this injustice. We will also continue to pursue Ms. Croft’s sexual battery claims against James Dolan and Harvey Weinstein, which remain unaffected by the [Tuesday’s] decision. Our fight for Ms. Croft is just beginning.”
Representatives for Dolan and Weinstein, respectively, didn’t immediately respond to a request for comment.