Friday, December 26, 2025
Page 3
Ninth Circuit:
Sexual Misconduct Claims Don’t Come Under Federal Act
Judges Say Masseuse’s Allegations of Victimizing by James Dolan Fail to Meet Pleading Requirements
By a MetNews Staff Writer
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JAMES DOLAN entrepreneur |
KELLYE CROFT masseuse |
The Ninth U.S. Circuit Court of Appeals has affirmed the dismissal with prejudice of an action against vocalist/guitarist James Dolan and his rock band, JD & The Straight Shot, brought by a masseuse who alleges that more than 10 years ago she was repeatedly subjected to unwelcome sexual conduct in violation of the Trafficking Victims Protection Reauthorization Act.
Plaintiff Kellye Croft alleges that violations of the act occurred in 2013 and 2014 when Dolan and his band were on tour with the Eagles and she came along supposedly to provide messages. Dolan now manages Madison Square Garden, of which he is chairman, along with supervising the New York Knicks and the New York Rangers.
To state a claim under 18 U.S.C. §1591, Croft would have to have pled facts showing that that the defendants “knowingly…in or affecting interstate or foreign commerce…recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person…knowing, or…in reckless disregard of the fact, that means of force, threats of force, fraud, coercion…or any combination of such means will be used to cause the person to engage in a commercial sex act.”
Tuesday’s memorandum opinion—signed by Circuit Judges Morgan Christen, Danielle J. Forrest, and Milan D. Smith Jr.—says the elements are not satisfied by the operative complaint.
District Court Ruling
On June 21, 2024, District Court Judge Percy Anderson of the Central District of California dismissed Croft’s first amended complaint, ruling that she had failed to set forth that a “commercial sex act” had been performed, but granted leave to amend. Anderson said in his Sept. 17, 2024 order dismissing with prejudice Croft’s second amended complaint (“SAC”):
“Plaintiff argues that the SAC corrects this deficiency by alleging that Plaintiff received multiple things of value in exchange for having the ‘unwelcome sexual conduct with Dolan’—the venue pay, a separate payment of $8,400 from Dolan’s tour manager, a roundtrip plane ticket, and a multi-night stay at a luxury hotel….To establish the causal connection, however Plaintiff continues to rely on the speculative conclusion that she was paid those amounts because of her sexual relationship with Dolan and not because she was hired for the tour as a masseuse.”
He continued:
“The Court previously concluded that these allegations were insufficient to plausibly allege the requisite causal connection….Thus, while the SAC identifies additional forms of compensation, it continues to fail to plausibly allege the connection between the compensation and Plaintiffs sexual relationship.”
Ninth Circuit Opinion
The Ninth Circuit judges noted that Anderson relied solely on the ground that Croft failed to plead that a “commercial sex act” occurred. They said:
“On appeal, the Dolan Defendants argue that Plaintiff also failed to properly plead illicit means and an enumerated act. We conclude that, even assuming Plaintiff has plausibly pleaded a commercial sex act, she has failed to plead factual matter sufficient to state the use of illicit means. We therefore affirm dismissal of Plaintiff s direct liability claim on that basis.”
The judges observed that Croft did plead that Dolan utilized “fraud” and “coercion” but did not adequately plead them, saying:
“Plaintiff’s fraud allegations fail because her operative complaint does not contain facts that demonstrate Dolan knowingly defrauded her in order to cause her to engage in a commercial sex act….The fraud Plaintiff alleges is, at most, the reason for her invitation to join the Eagles tour in Los Angeles. Specifically, Plaintiff ‘alleges that she was lied to about the reasons she was invited to California, which caused her to be in close proximity to be exploited; by Dolan. But alleging that Dolan fraudulently secured Plaintiffs presence in Los Angeles is insufficient to show that he intended to defraud her into engaging in a commercial sex act. This is especially true where Plaintiffs theory of fraud is undermined by other allegations in her complaint that tend to show she had been invited to Los Angeles to provide massage services.
“Plaintiff similarly fails to plead coercion.”
Other Defendants
Also sued were The Azoff Company Holdings LLC and The Azoff Company LLC, the band managers. In his Sept. 17, 2024 decision dismissing the action against Dolan and his band, Anderson also dismissed the suit against the Azoff defendants, explaining:
“Plaintiff argues that Dolan acted as the Azoff Defendants’ agent and was acting within the scope of that authority when engaging in the sexual relationship with Plaintiff….The problem with this argument is that Plaintiff fails to allege a coherent or plausible agency theory.”
The Ninth Circuit judges said Tuesday:
“Because we conclude that Plaintiff has not plausibly pleaded her direct liability claim against the Dolan Defendants, her claim against the Azoff Defendants also fails.”
Another defendant was former producer Harvey Weinstein, a convicted rapist, now imprisoned. Croft alleged, in a claim under California law, that Dolan set up her encounter with his friend Weinstein who raped her in his hotel room.
However, Anderson declined to exercise supplemental jurisdiction over the state claims against Weinstein and Dolan. Tuesday’s opinion does not make mention of Weinstein who was not a party to the appeal.
The case is Croft v. Dolan, 24-6150.
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