Award-winning American actor, comedian, and musician Jamie Foxx is being sued by a woman who alleges he sexually assaulted her in August of 2015 at a rooftop bar in New York.

On Wednesday, November 22, a complaint was filed in the New York Supreme Court claiming that Foxx had fondled the unidentified lady and assaulted her by putting his hand down her trousers. It was submitted only two days before the New York Survivors Act's expiry, which allows adult survivors of sexual assault to sue for up to one year after the statute of limitations has passed.

“Creed III
(Photo: Joe Maher / Getty Images)
Jamie Foxx attends the "Creed III" European Premiere at Cineworld Leicester Square on February 15, 2023, in London, England.

The Alleged 2015 Incident

According to the documents, NBC News said the lady claimed that she and a companion, both of whom had been at a table away from the actor, moved up to ask for a photo with him. The Burial star had allegedly been having drinks with a co-founder and the owner of the establishment, Catch NYC & Roof.

The complaint claims that while they were taking photos, an "intoxicated" Foxx "roughly" took the woman's phone and began to take additional pictures while allegedly making sexual statements such as "Wow, you have that supermodel body."

The complaint alleges that he then grabbed her arm and dragged her to the rooftop's back area, where he put his hand beneath her blouse and started fondling her breasts. According to the paperwork, the victim attempted to get away, but Foxx placed his hands down her trousers and put his fingers on and in her vagina and anus.

The lawsuit states that a security guard saw the incident but did nothing to intervene. Foxx reportedly stopped groping the lady and approached the security guard when her companion arrived.

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Further Allegations Made in the Lawsuit

Case defendants also include Catch NYC Inc., Catch Hospitality Group, and Catch NYC & Roof owner Mark Birnbaum, as well as the Catch NYC & Roof rooftop bar at 21 Ninth Ave. in New York, according to NBC News. The lawsuit claims Birnbaum and the other bartenders that night were negligent in their duties and failed to ensure the safety of their patrons.

The suit argues that Foxx's aggressive conduct toward women, the possibility of unwanted sexual contact, and his unpleasant demeanor when very intoxicated were all known to Birnbaum and the staff at the Catch NYC & Roof.

The lady claims in her complaint that the attack forced her to seek medical attention, caused her "pain and suffering," and left her with lasting effects. She claimed that this resulted in "severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder, and other physical and emotional damages." She is seeking compensation for unspecified damages.

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