Will Smith has won a court order throwing out the sexual harassment lawsuit brought by an electric violinist who performed on his Based on a True Story tour last year.
A court order from Tuesday (May 5), obtained by Billboard, granted Smith’s request to dismiss the claims lodged by Brian King Joseph in December. Joseph, a violinist who came in third place on America’s Got Talent in 2018, alleged he was illegally fired from Smith’s international tour after reporting that someone had broken into his hotel room during a Las Vegas stop and left sexually suggestive materials, along with a note reading, “Brian, I’ll be back.”
Judge Michael Shultz found that while the note was sexual in nature, its existence does not rise to the level of workplace sexual misconduct. The judge also said it’s not reasonable for Joseph to assume without any evidence that Smith or any of his staffers are to blame for this supposed break-in, which they unequivocally deny.
“The allegations do not support a severe and pervasive concerted pattern of harassment sufficient to create an abusive working environment,” reads the court order.
The judge held that these deficiencies doom not only Joseph’s sexual harassment claims, but also his allegations of wrongful termination and retaliation. That’s because, according to the court’s ruling, Joseph hasn’t shown that he was fired as a direct result of reporting something improper in the workplace.
However, the case is not necessarily done for good; Joseph is permitted to try again and rework his lawsuit against Smith if desired. His attorney did not immediately return an inquiry as to whether he plans to make such an amendment.
Reps for Smith also did not return a request for comment on the dismissal ruling. Lawyers for the actor and rapper previously said in court papers that Joseph’s “false and salacious” claims are “untrue, inflammatory, legally baseless, and are nothing but an attempted money grab.”
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