Update, Nov. 24, 2023 at 12:43 PM:
Jamie Foxx denied allegations made by an anonymous woman who claims he assaulted her in a New York City restaurant in 2015.
On Thursday, a spokesperson for the actor told PEOPLE in a statement, “The alleged incident never happened.”
“In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter,” the rep continued. “The claims are no more viable today than they were then. We are confident they will be dismissed again.”
“And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action,” the spokesperson added.
The lawsuit was filed on Wednesday, Nov. 22, under the Adult Survivor’s Act, a New York law that waived the statute of limitations for s**ual assault for one year. The law expired at midnight on Thursday, Nov. 23.
According to the lawsuit, obtained by TMZ, Foxx was at Catch NYC in August 2015, around 11 p.m., when the plaintiff arrived in the rooftop lounge and bar. She said she was seated one table away from Foxx.
Around 1 a.m., the plaintiff’s friend asked Foxx to take a photo with her and the plaintiff. “Sure, baby anything for you,” he reportedly responded. The plaintiff noted he seemed intoxicated at the time. She claims he took more photos and commented, “Wow, you have that supermodel body,” “You smell so good” and told her she looked like actress Gabrielle Union.
Jane Doe claims Foxx grabbed her by the arm and led her to the back area of the rooftop, where he allegedly placed both hands under her top and started rubbing her breasts. She claims she attempted to resist and noticed a security guard and others who saw what had happened, but they chose to walk away.
The plaintiff claims Foxx then allegedly slid his hand down her pants and put his fingers in her vagina and anus. She says he stopped only when her friend saw what was happening and came over.
Jane Doe claims she was injured by Foxx’s probing fingers and had to be treated at a local hospital. She’s seeking punitive damages for her pain and suffered, and emotional distress as a result of the “s**ual assault, abuse, assault and battery.”
She’s suing Foxx, Catch NYC and its employees for an amount to be determined later.