Will Smith Scores Legal Victory as Sexual Harassment Lawsuit Dismissed

Will Smith has obtained a court order dismissing the sexual harassment lawsuit filed by an electric violinist who performed on his "Based on a True Story" tour last year. 

A court granted Smith’s request to dismiss the claims made by Brian King Joseph in December. 

Joseph, a violinist who finished third on "America’s Got Talent" in 2018, alleged he was unlawfully fired from Smith’s international tour after reporting that someone had broken into his hotel room during a Las Vegas stop and left sexually suggestive materials along with a note reading, “Brian, I’ll be back.” 

Judge Michael Shultz determined that although the note was sexual in nature, its existence does not constitute workplace sexual misconduct. 

The judge also stated it’s unreasonable for Joseph to assume, without any evidence, that Smith or his staff are responsible for this alleged break-in, which they strongly deny. “The allegations do not support a severe and pervasive pattern of harassment sufficient to create an abusive work environment,” the court order reads. 

The judge concluded that these deficiencies undermine not only Joseph’s sexual harassment claims but also his allegations of wrongful termination and retaliation. 

This is because, according to the court, Joseph has not demonstrated that he was fired specifically for reporting workplace misconduct. 

However, the case is not necessarily closed; Joseph is allowed to refile and revise his lawsuit against Smith if he chooses. 

The actor and rapper's lawyers previously stated in court documents that Joseph’s “false and salacious” claims are “untrue, inflammatory, legally baseless, and are nothing but an attempted money grab.”