Judge Rules Bill Cosby Can Sue Sex Assault Accuser Andrea Constand for Tweets

The judge ruled Cosby cannot sue Constand for cooperating with law enforcement

Photo: Todd Korol/Toronto Star/Getty; Gilbert Carrasquillo/WireImage

U.S. District Judge Eduardo Robreno has ruled that entertainer Bill Cosby cannot sue accuser Andrea Constand for breach of contract for violating their confidentiality agreement by cooperating with law enforcement officials in a case that led to Cosby’s arrest last December.

However, Cosby can sue her for some of her tweets and an interview she did with the Toronto Sun last summer, according to Robreno’s order. He can also sue her attorneys, Dolores Troiani and Bebe Kivitz, for an open letter they wrote to Bruce L. Castor, Jr., who was running for district attorney of Montgomery County, Pennsylvania, last September and who did not prosecute Cosby during his previous stint as district attorney. The letter was published in the Philadelphia Inquirer.

In addition, Cosby can explore how his deposition in Constand’s 2005 civil suit – which he settled in late 2006 – got into the hands of the media last summer, the judge ruled.

Robreno also ruled that Cosby’s civil suit against the National Enquirer for allegedly violating a confidentiality agreement can proceed as well. However, Robreno died Cosby’s request to delay discovery in that case until his criminal case was resolved.

In a statement to PEOPLE, a spokesperson for American Media Inc., the publisher of the Enqurier, said, “While we are disappointed that the court did not dismiss Mr. Cosby’s breach of contract claim outright, we are very pleased with court’s decision to deny his motion to stay discovery. We very much look forward to deposing him and establishing the meritlessness of his position.”

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Andrew Wyatt, Cosby’s spokesman, released a statement to PEOPLE saying they were “very pleased” with the judge’s decisions.

“As we have said before, we are not going to try this case in the press,” the statement said. “Thus, while we are, of course, very pleased with the court s ruling in favor of our client, which means that this case will be decided where it should be – in a court of law and on a full factual record – we will not comment further on the ruling.”

Troiani and Kivitz declined to comment.

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Cosby, 79, has been charged with three counts of aggravated indecent assault for allegedly drugging and sexually assaulting Constand, now 43, at his Elkins Park, Pennsylvania mansion in January 2004.

He denies the allegations as well as similar ones from more than 50 women.

Cosby filed the lawsuit against Constand this past February – two months after newly elected Montgomery County District Attorney Kevin Steele charged him in Constand’s case.

While Cosby is actively trying to get the charges against him dismissed, so far he has lost all the motions to do so. He is due in court in Norristown, Pennsylvania on Sept. 6 for a pre-trial conference.

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