A civil lawsuit against former NBA star Dwight Howard alleging sexual assault and battery was dismissed on Monday, according to ESPN. The dismissal was filed in Gwinnett County Court in Georgia.
The lawsuit was originally filed by Georgia native Stephen Harper in July 2023. Harper dismissed all claims he had brought against Howard with prejudice, meaning he cannot file a lawsuit over those claims again.
The incident occurred in July 2021 at Howard's home in Georgia and Harper's July 2023 complaint also accused Howard of “intentional infliction of emotional distress” and false imprisonment.
When Howard denied the allegations in an October filing, the NBA player, who has played in eight games, claimed that he and Harper had engaged in “consensual sexual activity.” Howard's lawyer also He told ESPN that the alleged incident was “consensual” and only became public after a demand for payment.
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Center Dwight Howard #12 of Taoyuan Leopard reacts on the court during the T1 League game between TaiwanBeer HeroBears and Taoyuan Leopards at Taipei University Tianmu Gymnasium on February 19, 2023 in Taipei, Taiwan. (Gene Wang/Getty Images)
“What was a private and consensual encounter was made public for financial gain and Mr. Howard looks forward to bringing the truth to light in a court of law,” Justin Bailey told ESPN. “The allegations against Mr. Howard are controversial. Mr. Howard intends to present the truth.”
Harper's attorney, Olga Izmaylova, previously gave a statement to Fox News Digital in October about the case.
“We had to conduct an independent investigation and Mr. Harper had to consider some private factors before we were all prepared to move forward with the lawsuit,” Izmaylova said. “I have learned that Mr. Howard is now attempting to characterize my client's filing of this lawsuit as an act of extortion, which is absolutely false. Mr. Harper is exercising his legal rights, under Georgia law, and seeking redress for the unlawful acts he suffered.”
Izmaylova added that at that time a motion to dismiss the case had not yet been filed.
In December, Howard argued that the allegations against him were baseless and asked the court to immediately rule in his favor and dismiss the suit without trial. A judge denied that request in February.
Dwight Howard #39 of the Los Angeles Lakers warms up before their NBA game against the Toronto Raptors at Scotiabank Arena on March 18, 2022 in Toronto, Canada. (Cole Burston/Getty Images)
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“This is nothing more than a classic case of unrequited love,” Howard's attorneys wrote in the December filing obtained by ESPN. “After one consensual night together, Mr. Howard was no longer interested in continuing Mr. Harper's company.”
Howard spent 18 years in the NBA, winning an NBA championship with the Lakers in 2020.
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