As Bill Cosby prepares for a retrial in April, the woman whose allegations sparked the criminal charges, Andrea Constand, is fighting back against a former prosecutor’s claims that she purposefully ruined his political career.
Constand filed preliminary objections Monday to the amended complaint filed by former Montgomery County District Attorney Bruce Castor Jr., arguing that his claims are legally insufficient and littered with “scandalous and impertinent matters in almost every single paragraph.”
Dolores Troiani and Bebe Kivitz, the lawyers representing Constand in Constand v. Castor, also filed preliminary objections, for the second time. Castor is suing them as well, and they previously made preliminary objections to Castor’s initial complaint.
“Castor’s amended complaint does not resolve the deficiencies of his claims,” Troiani and Kivitz said. “Castor is still pursuing recovery for a lawsuit he has not won.”
Castor has alleged that Constand sued him for defamation in 2015 to hurt his chances of winning the race for Montgomery County district attorney, which he ultimately lost. Castor was district attorney from 2000 to 2008, and in 2005 he made the decision not to prosecute Cosby on Constand’s allegations.
Constand, in her own suit, alleged that Castor has defamed her in his public statements about her and the allegations she brought.
In her preliminary objections, Constand argued that Castor did not bring a sufficient claim for abuse of civil process. Constand asserts that, at best, Castor brings a claim for wrongful use of civil proceedings, which is not ripe because the underlying defamation case is pending.
“The plaintiff is trying to pass off his legally insufficient Dragonetti claim as a claim for abuse of process,” Constand’s filing said.
Troiani and Kivitz also said their purpose in suing Castor on Constand’s behalf was providing service to a client, not injuring Castor.
Constand additionally argued that Castor claimed unspecific damages, including “‘the expenses of fighting the frivolous representation, as well as injuries to his reputation as both a lawyer and as a political figure,’” which should be stricken. She also said that because Castor did not bring an action for a particular act, he cannot bring an action for conspiracy to commit that act.
And both Constand and her lawyers contended that Castor’s complaint contained numerous paragraphs and exhibits of unnecessary information, including the details of Constand’s allegations against Cosby and the procedural history of Constand’s lawsuit against Cosby and settlement with him.
“These scandalous and impertinent averments and exhibits can only have been included in the plaintiffs amended complaint to cause Ms. Constand embarrassment and humiliation, cast her in a negative light, and to prejudice the defense by interjecting irrelevant and immaterial allegations,” the preliminary objections said.
Victoria Komarnicki of Bennett Bricklin & Saltzburg is representing Constand in defense of Castor’s suit. Jeffrey McCarron of Swartz Campbell is representing Troiani and Kivitz.
James Beasley, Castor’s lawyer, did not respond to a request for comment Thursday.