CONSTAND v. COSBY

Filing 1

COMPLAINT against WILLIAM H. COSBY, JR ( Filing fee $ 250 receipt number 914383.), filed by ANDREA CONSTAND.(ss, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDREA CONSTAND,
Plaintiff
v.
WILLIAM H. COSBY, JR.,
Defendant

:
: CIVIL ACTION
:
: NO. 05-CV:
: JURY TRIAL DEMANDED
:

COMPLAINT
Plaintiff Andrea Constand, by her attorneys,
Troiani/Kivitz, L.L.P., claims of Defendant a sum in excess of
$150,000.00, and in support thereof states the following:

A. Jurisdiction and Venue
1.

The United States District Court for the Eastern

District of Pennsylvania has jurisdiction over this action
pursuant to diversity of citizenship and amount in
controversy, 28 U.S.C. § 1332.
2.

Venue lies in the Eastern District of Pennsylvania

pursuant to 28 U.S.C. § 1391 in that the events giving rise to
the claim occurred in the Eastern District of Pennsylvania.

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B. The Parties
3.

Plaintiff Andrea Constand is an adult individual

currently residing at a confidential address in Pickering,
Ontario.
4.

Defendant William H. Cosby, Jr. is an adult individual

with a residence at 8210 New Second Street, Cheltenham,
Pennsylvania.

C. Factual Background
5.

Plaintiff incorporates by reference the prior

paragraphs of this Complaint, as though fully set forth at
length.
6.

On or about December 2001, Plaintiff was employed at

Temple University as Director of Operations for the Women’s
Basketball program.

In her capacity as such, Plaintiff met

Defendant Cosby in November 2002.
7.

Defendant fostered a friendship with Plaintiff, so

that over time she considered him to be both her friend, albeit
older, and a mentor.
8.

For over one (1) year, Plaintiff socialized with

Defendant Cosby, including, inter alia, discussing Temple
women’s basketball with him, talking with him by telephone, and
being his guest at dinner parties and other events hosted by him
at his Cheltenham home and other locations.

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9.

In January 2004, Defendant invited Plaintiff to his

8210 New Second Street, Cheltenham, Montgomery County,
Pennsylvania, home, telling her that he wanted to offer her
assistance in her pursuit of a different career.
10.

Plaintiff agreed to meet him, and arrived at

Defendant’s home at approximately 9:00 p.m.
11.

Plaintiff and Defendant conversed, and during their

conversation, Plaintiff expressed that she was feeling stressed
about making her career decision.
12.

Defendant then offered Plaintiff three blue pills,

which he told her were herbal medication, which would help her
relax.
13.

Plaintiff questioned if she needed to take all three

pills, and Defendant assured her that all three pills were
necessary.
14.

Plaintiff ingested the pills with bottled water,

believing that the pills were what Defendant represented them to
be.
15.

Within a short period of time, Plaintiff’s knees began

to shake, her limbs felt immobile, she felt dizzy and weak, and
she began to feel only barely conscious.
16.

Upon information and belief, Defendant provided

Plaintiff with some sort of narcotic or other type of drug, and
not an “herbal” remedy.

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17.

When Plaintiff advised Defendant she did not feel

well, Defendant led Plaintiff to a sofa, because she could not
walk on her own, where he laid her down, under the guise of
“helping” her.
18.

Subsequently, Defendant positioned himself behind

Plaintiff on the sofa, touched her breasts and vaginal area,
rubbed his penis against her hand, and digitally penetrated her.
19.

Plaintiff remained in a semi-conscious state

throughout the time of this ordeal.
20.

At no time was Plaintiff capable of consent after the

pills affected her, and at no time did she consent to
Defendant’s acts.
21.

Plaintiff lost consciousness after the events

described above, and did not fully awaken until sometime after
4:00 a.m.
22.

Plaintiff awoke feeling raw in and around her vaginal

area.
23.

When Plaintiff awoke, her clothes and undergarments

were in disarray.
24.

After Plaintiff awoke, Defendant greeted her in his

bathrobe.
25.

Plaintiff left Defendant’s residence by herself.

26.

On January 13, 2005, Plaintiff reported Defendant’s

actions to the Durham, Ontario police.

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27.

Following Plaintiff’s January 13, 2005, police report,

Defendant and his authorized representatives and/or agents have
made publicized statements to the media, including, Celebrity
Justice (“CJ”), which have included:
Sources connected with Bill Cosby tell “CJ” that before his
accuser went to police, her mother asked the comedian to
make things right with money.…We’re told she asked Cosby to
help pay for her daughter’s education and to generally help
her out financially, and this conversation occurred before
the accuser ever contacted police.…As police continue to
investigate, a Cosby rep call [sic] this a classic
shakedown.
These particular statements were broadcast nationwide, and
posted on Celebrity Justice’s internet website, also available
nationwide, on February 7, 2005.
28.

Celebrity Justice, The Toronto Sun, and FoxNews, among

other media sources, had previously printed and/or aired
Plaintiff’s name and address and/or picture in connection with
this investigation, and other media sources had published her
name and/or a picture of Plaintiff as well, therefore making her
identity as Cosby’s accuser recognizable to the public.
29.

On or about February 21, 2005, Defendant gave an

“exclusive” interview to The Enquirer, a national tabloid with a
circulation of about 1.5 million, concerning Plaintiff’s
allegations.

In that interview, in an effort to continue to

make the public believe that Plaintiff was guilty of extortion,

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Defendant said, “I am not going to give in to people who try to
exploit me because of my celebrity status.”
30.

At the time that Defendant and/or his authorized

representatives and/or agents, servants, or employees made their
statements to Celebrity Justice and The Enquirer, each of them
knew or should have known that the statements were false,
because following Plaintiff’s report of the incident to the
Durham police, and beginning on or about January 16, 2005, and
continuing in the days thereafter, Defendant and/or his
representatives and agents placed at least four telephone calls
to Plaintiff and her mother in which, among other things,
Defendant apologized and offered financial compensation to
Plaintiff, which offer was not accepted by Plaintiff and/or her
mother.

COUNT I
Andrea Constand v. William Cosby
Battery
31.

Plaintiff hereby incorporates by reference the prior

paragraphs of this Complaint as though fully set forth at
length.
32.

Defendant’s offensive or harmful contact with

Plaintiff as set forth herein at length constituted a battery
upon her.

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33.

The aforesaid conduct by Defendant was committed

willfully, knowingly, maliciously, intentionally, wantonly,
recklessly, and/or negligently.
34.

As the direct and proximate result of Defendant’s acts

as described in the foregoing paragraphs of this Complaint,
Plaintiff has suffered serious and debilitating injuries, mental
anguish, humiliation, embarrassment, physical and emotional
upset, including, but not limited to, post-traumatic stress
disorder, depression, sleeplessness, isolation, flashbacks,
anxiety, the full extent of which injuries are not yet known,
and some or all of which may be permanent in nature.
35.

As the direct and proximate result of the Defendant’s

acts as described in the foregoing paragraphs of this Complaint,
Plaintiff suffered and will in the future continue to suffer
serious pain, mental anguish, emotional upset, and the loss of
enjoyment of life’s pleasures.
36.

As the direct and proximate result of the Defendant’s

acts as described in the foregoing paragraphs of this Complaint,
Plaintiff sustained a setback and loss of continuity in her
education, the full extent of which is not yet known.
37.

As the direct and proximate result of the Defendant’s

acts as described in the foregoing paragraphs of this Complaint,
Plaintiff has sustained a loss of earnings and earning capacity.

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38.

As the direct and proximate result of the Defendant’s

acts as described in the foregoing paragraphs of this Complaint,
Plaintiff has in the past and will in the future continue to be
compelled to expend large sums of money for psychological
treatment and therapy.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in her favor and against
Defendant William Cosby, in an amount in excess of One Hundred
Fifty Thousand Dollars ($150,000.00) plus reasonable attorneys'
fees, interest, costs, punitive damages, and such other relief
as the Court deems just and proper.

COUNT II
Andrea Constand v. William Cosby
Assault
39.

Plaintiff hereby incorporates by reference the prior

paragraphs of this Complaint as though fully set forth at
length.
40.

Defendant’s harmful or offensive contact with

Plaintiff as set forth herein at length, placed her in imminent
apprehension of such contact, and constituted an assault upon
her.
41.

The aforesaid conduct by Defendant was committed

willfully, knowingly, maliciously, intentionally, wantonly,
recklessly, and/or negligently.

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42.

As the direct and proximate result of Defendant’s acts

described in the foregoing paragraphs of this Complaint,
Plaintiff has suffered serious and debilitating injuries, mental
anguish, humiliation, embarrassment, physical and emotional
upset, including, but not limited to, post-traumatic stress
disorder, depression, sleeplessness, isolation, flashbacks,
anxiety, the full extent of which injuries are not yet known and
some or all of which may be permanent in nature.
43.

As the direct and proximate result of Defendant’s acts

described in the foregoing paragraphs of this Complaint,
Plaintiff suffered and will in the future continue to suffer
serious pain, mental anguish, emotional upset, and the loss of
enjoyment of life’s pleasures.
44.

As the direct and proximate result of Defendant’s acts

described in the foregoing paragraphs of this Complaint,
Plaintiff sustained a setback and loss of continuity in her
education, the full extent of which is not yet known.
45.

As the direct and proximate result of Defendant’s acts

described in the foregoing paragraphs of this Complaint,
Plaintiff has sustained a loss of earnings and earning capacity.
46.

As the direct and proximate result of Defendant’s acts

described in the foregoing paragraphs of this Complaint,
Plaintiff has in the past and will in the future continue to be

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compelled to expend large sums of money for psychological
treatment and therapy.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in her favor and against
Defendant William Cosby, in an amount in excess of One Hundred
Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees,
interest, costs, punitive damages, and such other additional
relief as this Court deems just and proper.

COUNT III
Andrea Constand v. William Cosby
Intentional and Negligent Infliction of Emotional Distress_
47.

Plaintiff hereby incorporates by reference the prior

paragraphs of this Complaint as though fully set forth at
length.
48.

Defendant’s conduct, as set forth in the foregoing

paragraphs of this Complaint, was so outrageous in character and
so extreme in degree as to fall outside the bounds of decency,
and is to be regarded as intolerable in the community.
49.

At all times relevant hereto, Defendant knew with

substantial certainty, or should have known that severe
emotional distress would be produced by his conduct.
50.

By engaging in the acts set forth in the foregoing

paragraphs of this Complaint, Defendant engaged in extreme and

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outrageous conduct and intentionally inflicted severe emotional
distress upon Plaintiff.
51.

By engaging in the acts set forth in the foregoing

paragraphs of this Complaint, Defendant exploited and abused his
friendship and his mentor relationship with Plaintiff, violated
her trust, and caused her great distress.
52.

As a direct and proximate result of the acts of

Defendant as set forth in the foregoing paragraphs of this
Complaint, Plaintiff has in the past been required, and may in
the future required, medicine, medical, psychological and other
treatment in order to cure herself of the injuries she has
sustained; has in the past been obliged, and may in the future
be obliged, to expend various sums of money for such medical
care and treatment.
53.

As further direct and proximate result of the acts of

the Defendant as set forth in the foregoing paragraphs of this
Complaint, Plaintiff has been caused to suffer and continues to
suffer severe emotional distress, humiliation, embarrassment and
financial loss.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in her favor and against
Defendant William Cosby, in an amount in excess of One Hundred
Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees,

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interest, costs, punitive damages, and such other additional
relief as this Court deems just and proper.

COUNT IV
Andrea Constand v. William Cosby
Defamation/Defamation Per Se
54.

Plaintiff hereby incorporates by reference the prior

paragraphs of this Complaint as though fully set forth at
length.
55.

At all times relevant hereto, Plaintiff was a law

abiding citizen of the Commonwealth of Pennsylvania and/or
Pickering, Ontario, who enjoyed the respect, confidence and
esteem of her neighbors, as well as others in the community, and
has never been adjudged guilty of any crime, offense or
violation of the law which would tend to lessen the respect,
confidence and esteem which she enjoyed, and to which she was
entitled.
56.

At all times mentioned herein, Defendant acted on his

own or through his authorized agents, representatives, sources,
servants or employees who acted for Defendant’s benefit, under
Defendant’s control or direction, and within the course and
scope of their authority, agency, representation or employment.
57.

On or before February 7, 2005, the Defendant, through

his representatives, agents, servants, or employees intending to
injure the Plaintiff and to deprive her of her good name, credit

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and reputation, falsely, maliciously, and wickedly provided
information for at least one publication which aired on
Celebrity Justice, a nationally syndicated television show, and
was posted on the Celebrity Justice website concerning
Plaintiff.
58.

On or about February 21, 2005, Defendant gave an

“exclusive” interview to The Enquirer, a national tabloid with a
circulation of about 1.5 million, intending to or knowing it
would injure Plaintiff, and to deprive her of her good name,
credit and reputation, in which Defendant said, “I am not going
to give in to people who try to exploit me because of my
celebrity status.”
59.

The statements contained in the above publications,

shows and websites intended to and did convey to the viewers
and/or readers thereof, either directly or by implication, that
Plaintiff asked Defendant for money; she did so before she went
to the police; and, that her actions constituted a “shakedown”,
or an attempt to extort money from Defendant, and to exploit
him.
60.

The statements and charges in the publications, shows,

and/or websites identified in the foregoing paragraphs of this
Complaint are false, and Defendant knew or should have known
that they were false at the time of the publications.

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61.

Plaintiff has never, at any time, been guilty of the

crimes alleged by Defendant, nor was she ever an accessory to,
nor an aider and abettor of, such criminal acts, nor has she
ever been guilty of any other violation of law, but she has at
all times been a peaceable and law abiding inhabitant of the
several communities in which she has resided from the day of her
birth to the present time.
62.

Defendant and/or his representatives and agents knew,

or should have known that the statements and charges contained
in the publications, shows and websites identified in the
foregoing paragraphs of this Complaint were false when made, and
Defendant uttered and published them either intentionally and
maliciously, or with reckless disregard for their truth or
falsity.
63.

The statements and charges contained in the

publications, shows and websites identified in the foregoing
paragraphs of this Complaint were printed, published, circulated
and aired by Celebrity Justice on February 7, 2005, and by The
Enquirer on or about March 4, 2005, and were widely heard and
read by the Plaintiff’s family, neighbors, and friends and
diverse other persons, who understood immediately that Plaintiff
was the accuser to which Cosby and/or his representatives,
agents, servants or employees referred.

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64.

By reason of the printing, publication, and

circulation of the statements and charges contained in the
articles, shows, publications, and websites identified in the
foregoing paragraphs of this Complaint, Plaintiff has been
brought into scandal and reproach, and has been held up to scorn
and contempt among her neighbors, business acquaintances, and
other good citizens, and is suspected by them to have been
guilty of the crimes and fraudulent practices which Defendant’s
articles imputed to Plaintiff, as a result of which the
Plaintiff has suffered in her business, her reputation, feelings
and peace of mind, to her great financial loss and damage, and
to her great humiliation.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in her favor and against
Defendant William Cosby, in an amount in excess of One Hundred
Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees,
interest, costs, punitive damages, and such other additional
relief as this Court deems just and proper.

COUNT V
Andrea Constand v. William Cosby
False Light/Invasion of Privacy
65.

Plaintiff hereby incorporates by reference the prior

paragraphs of this Complaint as though fully set forth at
length.

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66.

The statements identified in the foregoing paragraphs

of this Complaint made by Defendant, or through his authorized
representatives, agents, servants or employees were highly
offensive statements made against Plaintiff, which portrayed her
in a false light.
67.

The statements identified in the foregoing paragraphs

of this Complaint made against Plaintiff were publicized by
Defendant, or publicized through his authorized representatives,
agents, servants, employees and sources.
68.

Defendant and his authorized representatives, agents,

servants, employees and sources knew or should have known that
such statements were false, or recklessly disregarded the
falsity of said statements.
69.

Defendant and/or his authorized representatives,

agents, servants or employees created a false impression by
knowingly or recklessly publicizing selective pieces of
information, rendering the publication susceptible to inferences
casting Plaintiff in a false light.
70.

By reason of Defendant’s aforesaid conduct, Plaintiff

has suffered in her business, her reputation, feelings and peace
of mind, to her great financial loss and damage, and to her
great humiliation.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in her favor and against

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Defendant William Cosby, in an amount in excess of One Hundred
Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees,
interest, costs, punitive damages, and such other additional
relief as this Court deems just and proper.

JURY DEMAND
Plaintiff hereby demands a trial by jury in this matter.

Respectfully submitted,
Troiani/Kivitz, L.L.P.

/s/ Bebe H. Kivitz
Bebe H. Kivitz, Esquire
I.D. No. 30253
Dolores M. Troiani, Esquire
I.D. No. 21283
38 North Waterloo Road
Devon, PA 19333
[phone]
[phone] fax
Attorneys for Plaintiff,
Andrea Constand
Dated: March 8, 2005

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