Academy Award–winning actor Will Smith has filed a motion asking a judge to dismiss a sexual harassment and retaliation lawsuit filed against him by a former tour musician, arguing that the allegations are baseless and unsupported by evidence.
The motion was submitted, in which Smith’s legal team contends that the complaint fails to establish any direct wrongdoing by the actor. Attorneys for Smith describe the lawsuit as “frivolous” and an attempt to seek financial gain through unsubstantiated claims.
The lawsuit was brought by violinist Brian King Joseph, who performed on Smith’s Based on a True Story tour. Joseph alleges he experienced sexual harassment and retaliation after reporting an incident in his Las Vegas hotel room involving unauthorized entry and a handwritten note left among his belongings.
In the motion to dismiss, Smith’s attorneys argue that Joseph does not provide evidence connecting Smith to the alleged hotel room incident. The filing also disputes claims that Smith engaged in inappropriate behavior, stating that the two were never alone together and that Smith was unaware of any alleged harassment before the lawsuit.
Joseph further claims he was wrongfully terminated after raising concerns about the hotel room incident. Smith’s legal team counters that Joseph was hired on a per-show basis and was not guaranteed ongoing employment. According to the defense, decisions regarding tour personnel were based on professional considerations rather than retaliation.
A hearing on the motion is expected in the coming months. If the judge denies the request to dismiss, the case could proceed to discovery and potentially trial.
Smith has publicly denied all allegations. The case remains pending before the court.
