Sexual assault lawsuit against former Anti-Flag members thrown out by NY judge

A New York judge has dismissed a portion of the civil lawsuit brought against former members of Anti-Flag by Kristina Sarhadi, citing insufficient grounds to hold them liable for alleged negligence related to a sexual assault accusation against the band's ex-frontman Justin Geever (aka Justin Sane). Judge Brenda K. Sannes ruled that Sarhadi had not demonstrated a breach of duty by the other band members, stating, "The Court agrees that Plaintiff has not plausibly alleged a breach of a specific duty owed to her." The dismissal absolves former members Chris Barker, Chris Head, and Pat Bollinger, as well as the band's LLC, Hardwork Distribution, of any legal responsibility in the matter.

The allegations against Geever surfaced in July 2023, when Sarhadi accused him of sexually assaulting her during a 2010 film festival. The accusations, aired on the enough. podcast, led to the immediate disbanding of Anti-Flag. Geever denied any nonconsensual encounters, while the rest of the band claimed ignorance of his alleged behavior. A subsequent Rolling Stone exposé revealed 12 additional allegations against Geever, dating back to the 1990s, prompting the remaining members to further distance themselves from him.

Sarhadi filed a lawsuit under New York's Adult Survivors Act in November 2023, naming Geever for sexual assault, battery, and emotional distress, while also accusing the other members of negligence. The lawsuit argued that since Geever's hotel stay during the alleged incident was funded by the band, they bore some liability. However, the court found no legal basis to hold the other members accountable, noting no evidence that they were aware of or complicit in Geever's alleged actions.

While the claims against the former band members have been dismissed, the lawsuit against Geever continues. Sarhadi alleges that Geever has fled the country, and he has yet to respond to the lawsuit. His failure to engage in legal proceedings could result in a default judgment against him, with a motion for default required within the next 30 days.

The dismissed members of Anti-Flag appear to have cleared their names, leaving Geever as the sole defendant in the ongoing case.

The decision was made mid-December and can be seen here.

[via Fake Your Death]