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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ANDREA CONSTAND, : 

Plaintiff : CIVIL ACTION 

 : 

v. : NO. 05-CV-1099 

 : 

WILLIAM H. COSBY, JR., : JURY TRIAL DEMANDED

 Defendant : 

AMENDED COMPLAINT

 Plaintiff Andrea Constand, by her attorneys, 

Troiani/Kivitz, L.L.P., claims of Defendant a sum in excess of 

$150,000.00, and in support thereof states the following: 

A. Jurisdiction and Venue

 1. Plaintiff Andrea Constand is a citizen of Canada and a 

resident of Pickering, Ontario. 

 2. Defendant William H. Cosby, Jr. is a citizen of the 

Commonwealth of Pennsylvania and maintains a residence at 8210 

New Second Street, Cheltenham, Pennsylvania where he resides 

with members of his family. 

 3. The United States District Court for the Eastern 

District of Pennsylvania has jurisdiction over this action 

pursuant to 28 U.S.C. §§ 1332 and 1332 (a)(2) as this is a 

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civil action between a citizen of a state and a citizen or 

subject of a foreign state with an amount in controversy in 

excess of $75,000. 

 4. Venue lies in the Eastern District of Pennsylvania 

pursuant to 28 U.S.C. § 1391 in that the events giving rise to 

the claim occurred in the Eastern District of Pennsylvania. 

B. The Parties

 5. Plaintiff Andrea Constand is an adult individual 

currently residing at a confidential address in Pickering, 

Ontario. 

 6. Defendant William H. Cosby, Jr. is an adult individual 

with a residence at 8210 New Second Street, Cheltenham, 

Pennsylvania. 

C. Factual Background

 7. Plaintiff incorporates by reference the prior 

paragraphs of this Complaint, as though fully set forth at 

length. 

 8. On or about December 2001, Plaintiff was employed at 

Temple University as Director of Operations for the Women’s 

Basketball program. In her capacity as such, Plaintiff met 

Defendant Cosby in November 2002. 

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 9. Defendant fostered a friendship with Plaintiff, so 

that over time she considered him to be both her friend, albeit 

older, and a mentor. 

 10. For over one (1) year, Plaintiff socialized with 

Defendant Cosby, including, inter alia, discussing Temple 

women’s basketball with him, talking with him by telephone, and 

being his guest at dinner parties and other events hosted by him 

at his Cheltenham home and other locations. 

 11. In January 2004, Defendant invited Plaintiff to his 

8210 New Second Street, Cheltenham, Montgomery County, 

Pennsylvania, home, telling her that he wanted to offer her 

assistance in her pursuit of a different career. 

 12. Plaintiff agreed to meet him, and arrived at 

Defendant’s home at approximately 9:00 p.m. 

 13. Plaintiff and Defendant conversed, and during their 

conversation, Plaintiff expressed that she was feeling stressed 

about making her career decision. 

 14. Defendant then offered Plaintiff three blue pills, 

which he told her were herbal medication, which would help her 

relax. 

 15. Plaintiff questioned if she needed to take all three 

pills, and Defendant assured her that all three pills were 

necessary. 

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 16. Plaintiff ingested the pills with bottled water, 

believing that the pills were what Defendant represented them to 

be. 

 17. Within a short period of time, Plaintiff’s knees began 

to shake, her limbs felt immobile, she felt dizzy and weak, and 

she began to feel only barely conscious. 

 18. Upon information and belief, Defendant provided 

Plaintiff with some sort of narcotic or other type of drug, and 

not an “herbal” remedy. 

 19. When Plaintiff advised Defendant she did not feel 

well, Defendant led Plaintiff to a sofa, because she could not 

walk on her own, where he laid her down, under the guise of 

“helping” her. 

 20. Subsequently, Defendant positioned himself behind 

Plaintiff on the sofa, touched her breasts and vaginal area, 

rubbed his penis against her hand, and digitally penetrated her. 

 21. Plaintiff remained in a semi-conscious state 

throughout the time of this ordeal. 

 22. At no time was Plaintiff capable of consent after the 

pills affected her, and at no time did she consent to 

Defendant’s acts. 

 23. Plaintiff lost consciousness after the events 

described above, and did not fully awaken until sometime after 

4:00 a.m. 

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 24. Plaintiff awoke feeling raw in and around her vaginal 

area. 

 25. When Plaintiff awoke, her clothes and undergarments 

were in disarray. 

 26. After Plaintiff awoke, Defendant greeted her in his 

bathrobe. 

 27. Plaintiff left Defendant’s residence by herself. 

 28. On January 13, 2005, Plaintiff reported Defendant’s 

actions to the Durham, Ontario police. 

 29. Following Plaintiff’s January 13, 2005, police report, 

Defendant and his authorized representatives and/or agents have 

made publicized statements to the media, including, Celebrity 

Justice (“CJ”), which have included: 

Sources connected with Bill Cosby tell “CJ” that before his 

accuser went to police, her mother asked the comedian to 

make things right with money....We’re told she asked Cosby to 

help pay for her daughter’s education and to generally help 

her out financially, and this conversation occurred before 

the accuser ever contacted police....As police continue to 

investigate, a Cosby rep call [sic] this a classic 

shakedown. 

These particular statements were broadcast nationwide, and 

posted on Celebrity Justice’s internet website, also available 

nationwide, on February 7, 2005. 

 30. Celebrity Justice, The Toronto Sun, and FoxNews, among 

other media sources, had previously printed and/or aired 

Plaintiff’s name and address and/or picture in connection with 

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this investigation, and other media sources had published her 

name and/or a picture of Plaintiff as well, therefore making her 

identity as Cosby’s accuser recognizable to the public. 

 31. On or about February 21, 2005, Defendant gave an 

“exclusive” interview to The Enquirer, a national tabloid with a 

circulation of about 1.5 million, concerning Plaintiff’s 

allegations. In that interview, in an effort to continue to 

make the public believe that Plaintiff was guilty of extortion, 

Defendant said, “I am not going to give in to people who try to 

exploit me because of my celebrity status.” 

 32. At the time that Defendant and/or his authorized 

representatives and/or agents, servants, or employees made their 

statements to Celebrity Justice and The Enquirer, each of them 

knew or should have known that the statements were false, 

because following Plaintiff’s report of the incident to the 

Durham police, and beginning on or about January 16, 2005, and 

continuing in the days thereafter, Defendant and/or his 

representatives and agents placed at least four telephone calls 

to Plaintiff and her mother in which, among other things, 

Defendant apologized and offered financial compensation to 

Plaintiff, which offer was not accepted by Plaintiff and/or her 

mother. 

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COUNT I

Andrea Constand v. William Cosby

Battery

 33. Plaintiff hereby incorporates by reference the prior 

paragraphs of this Complaint as though fully set forth at 

length. 

 34. Defendant’s offensive or harmful contact with 

Plaintiff as set forth herein at length constituted a battery 

upon her. 

 35. The aforesaid conduct by Defendant was committed 

willfully, knowingly, maliciously, intentionally, wantonly, 

recklessly, and/or negligently. 

 36. As the direct and proximate result of Defendant’s acts 

as described in the foregoing paragraphs of this Complaint, 

Plaintiff has suffered serious and debilitating injuries, mental 

anguish, humiliation, embarrassment, physical and emotional 

upset, including, but not limited to, post-traumatic stress 

disorder, depression, sleeplessness, isolation, flashbacks, 

anxiety, the full extent of which injuries are not yet known, 

and some or all of which may be permanent in nature. 

 37. As the direct and proximate result of the Defendant’s 

acts as described in the foregoing paragraphs of this Complaint, 

Plaintiff suffered and will in the future continue to suffer 

serious pain, mental anguish, emotional upset, and the loss of 

enjoyment of life’s pleasures. 

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 38. As the direct and proximate result of the Defendant’s 

acts as described in the foregoing paragraphs of this Complaint, 

Plaintiff sustained a setback and loss of continuity in her 

education, the full extent of which is not yet known. 

 39. As the direct and proximate result of the Defendant’s 

acts as described in the foregoing paragraphs of this Complaint, 

Plaintiff has sustained a loss of earnings and earning capacity. 

 40. As the direct and proximate result of the Defendant’s 

acts as described in the foregoing paragraphs of this Complaint, 

Plaintiff has in the past and will in the future continue to be 

compelled to expend large sums of money for psychological 

treatment and therapy. 

 WHEREFORE, Plaintiff respectfully requests that this 

Honorable Court enter judgment in her favor and against 

Defendant William Cosby, in an amount in excess of One Hundred 

Fifty Thousand Dollars ($150,000.00) plus reasonable attorneys' 

fees, interest, costs, punitive damages, and such other relief 

as the Court deems just and proper. 

COUNT II

Andrea Constand v. William Cosby

Assault

 41. Plaintiff hereby incorporates by reference the prior 

paragraphs of this Complaint as though fully set forth at 

length. 

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 42. Defendant’s harmful or offensive contact with 

Plaintiff as set forth herein at length, placed her in imminent 

apprehension of such contact, and constituted an assault upon 

her. 

 43. The aforesaid conduct by Defendant was committed 

willfully, knowingly, maliciously, intentionally, wantonly, 

recklessly, and/or negligently. 

 44. As the direct and proximate result of Defendant’s acts 

described in the foregoing paragraphs of this Complaint, 

Plaintiff has suffered serious and debilitating injuries, mental 

anguish, humiliation, embarrassment, physical and emotional 

upset, including, but not limited to, post-traumatic stress 

disorder, depression, sleeplessness, isolation, flashbacks, 

anxiety, the full extent of which injuries are not yet known and 

some or all of which may be permanent in nature. 

 45. As the direct and proximate result of Defendant’s acts 

described in the foregoing paragraphs of this Complaint, 

Plaintiff suffered and will in the future continue to suffer 

serious pain, mental anguish, emotional upset, and the loss of 

enjoyment of life’s pleasures. 

 46. As the direct and proximate result of Defendant’s acts 

described in the foregoing paragraphs of this Complaint, 

Plaintiff sustained a setback and loss of continuity in her 

education, the full extent of which is not yet known. 

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 47. As the direct and proximate result of Defendant’s acts 

described in the foregoing paragraphs of this Complaint, 

Plaintiff has sustained a loss of earnings and earning capacity. 

 48. As the direct and proximate result of Defendant’s acts 

described in the foregoing paragraphs of this Complaint, 

Plaintiff has in the past and will in the future continue to be 

compelled to expend large sums of money for psychological 

treatment and therapy. 

 WHEREFORE, Plaintiff respectfully requests that this 

Honorable Court enter judgment in her favor and against 

Defendant William Cosby, in an amount in excess of One Hundred 

Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees, 

interest, costs, punitive damages, and such other additional 

relief as this Court deems just and proper. 

COUNT III

Andrea Constand v. William Cosby 

Intentional and Negligent Infliction of Emotional Distress_

 49. Plaintiff hereby incorporates by reference the prior 

paragraphs of this Complaint as though fully set forth at 

length. 

 50. Defendant’s conduct, as set forth in the foregoing 

paragraphs of this Complaint, was so outrageous in character and 

so extreme in degree as to fall outside the bounds of decency, 

and is to be regarded as intolerable in the community. 

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 51. At all times relevant hereto, Defendant knew with 

substantial certainty, or should have known that severe 

emotional distress would be produced by his conduct. 

 52. By engaging in the acts set forth in the foregoing 

paragraphs of this Complaint, Defendant engaged in extreme and 

outrageous conduct and intentionally inflicted severe emotional 

distress upon Plaintiff. 

 53. By engaging in the acts set forth in the foregoing 

paragraphs of this Complaint, Defendant exploited and abused his 

friendship and his mentor relationship with Plaintiff, violated 

her trust, and caused her great distress. 

 54. As a direct and proximate result of the acts of 

Defendant as set forth in the foregoing paragraphs of this 

Complaint, Plaintiff has in the past been required, and may in 

the future required, medicine, medical, psychological and other 

treatment in order to cure herself of the injuries she has 

sustained; has in the past been obliged, and may in the future 

be obliged, to expend various sums of money for such medical 

care and treatment. 

 55. As further direct and proximate result of the acts of 

the Defendant as set forth in the foregoing paragraphs of this 

Complaint, Plaintiff has been caused to suffer and continues to 

suffer severe emotional distress, humiliation, embarrassment and 

financial loss. 

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 WHEREFORE, Plaintiff respectfully requests that this 

Honorable Court enter judgment in her favor and against 

Defendant William Cosby, in an amount in excess of One Hundred 

Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees, 

interest, costs, punitive damages, and such other additional 

relief as this Court deems just and proper. 

COUNT IV

Andrea Constand v. William Cosby 

Defamation/Defamation Per Se

 56. Plaintiff hereby incorporates by reference the prior 

paragraphs of this Complaint as though fully set forth at 

length. 

 57. At all times relevant hereto, Plaintiff was a law 

abiding citizen of the Commonwealth of Pennsylvania and/or 

Pickering, Ontario, who enjoyed the respect, confidence and 

esteem of her neighbors, as well as others in the community, and 

has never been adjudged guilty of any crime, offense or 

violation of the law which would tend to lessen the respect, 

confidence and esteem which she enjoyed, and to which she was 

entitled. 

 58. At all times mentioned herein, Defendant acted on his 

own or through his authorized agents, representatives, sources, 

servants or employees who acted for Defendant’s benefit, under 

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Defendant’s control or direction, and within the course and 

scope of their authority, agency, representation or employment. 

 59. On or before February 7, 2005, the Defendant, through 

his representatives, agents, servants, or employees intending to 

injure the Plaintiff and to deprive her of her good name, credit 

and reputation, falsely, maliciously, and wickedly provided 

information for at least one publication which aired on 

Celebrity Justice, a nationally syndicated television show, and 

was posted on the Celebrity Justice website concerning 

Plaintiff. 

 60. On or about February 21, 2005, Defendant gave an 

“exclusive” interview to The Enquirer, a national tabloid with a 

circulation of about 1.5 million, intending to or knowing it 

would injure Plaintiff, and to deprive her of her good name, 

credit and reputation, in which Defendant said, “I am not going 

to give in to people who try to exploit me because of my 

celebrity status.” 

 61. The statements contained in the above publications, 

shows and websites intended to and did convey to the viewers 

and/or readers thereof, either directly or by implication, that 

Plaintiff asked Defendant for money; she did so before she went 

to the police; and, that her actions constituted a “shakedown”, 

or an attempt to extort money from Defendant, and to exploit 

him. 

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 62. The statements and charges in the publications, shows, 

and/or websites identified in the foregoing paragraphs of this 

Complaint are false, and Defendant knew or should have known 

that they were false at the time of the publications. 

 63. Plaintiff has never, at any time, been guilty of the 

crimes alleged by Defendant, nor was she ever an accessory to, 

nor an aider and abettor of, such criminal acts, nor has she 

ever been guilty of any other violation of law, but she has at 

all times been a peaceable and law abiding inhabitant of the 

several communities in which she has resided from the day of her 

birth to the present time. 

 64. Defendant and/or his representatives and agents knew, 

or should have known that the statements and charges contained 

in the publications, shows and websites identified in the 

foregoing paragraphs of this Complaint were false when made, and 

Defendant uttered and published them either intentionally and 

maliciously, or with reckless disregard for their truth or 

falsity. 

 65. The statements and charges contained in the 

publications, shows and websites identified in the foregoing 

paragraphs of this Complaint were printed, published, circulated 

and aired by Celebrity Justice on February 7, 2005, and by The 

Enquirer on or about March 4, 2005, and were widely heard and 

read by the Plaintiff’s family, neighbors, and friends and 

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diverse other persons, who understood immediately that Plaintiff 

was the accuser to which Cosby and/or his representatives, 

agents, servants or employees referred. 

 66. By reason of the printing, publication, and 

circulation of the statements and charges contained in the 

articles, shows, publications, and websites identified in the 

foregoing paragraphs of this Complaint, Plaintiff has been 

brought into scandal and reproach, and has been held up to scorn 

and contempt among her neighbors, business acquaintances, and 

other good citizens, and is suspected by them to have been 

guilty of the crimes and fraudulent practices which Defendant’s 

articles imputed to Plaintiff, as a result of which the 

Plaintiff has suffered in her business, her reputation, feelings 

and peace of mind, to her great financial loss and damage, and 

to her great humiliation. 

 WHEREFORE, Plaintiff respectfully requests that this 

Honorable Court enter judgment in her favor and against 

Defendant William Cosby, in an amount in excess of One Hundred 

Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees, 

interest, costs, punitive damages, and such other additional 

relief as this Court deems just and proper. 

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COUNT V

Andrea Constand v. William Cosby 

False Light/Invasion of Privacy

 67. Plaintiff hereby incorporates by reference the prior 

paragraphs of this Complaint as though fully set forth at 

length. 

 68. The statements identified in the foregoing paragraphs 

of this Complaint made by Defendant, or through his authorized 

representatives, agents, servants or employees were highly 

offensive statements made against Plaintiff, which portrayed her 

in a false light. 

 69. The statements identified in the foregoing paragraphs 

of this Complaint made against Plaintiff were publicized by 

Defendant, or publicized through his authorized representatives, 

agents, servants, employees and sources. 

 70. Defendant and his authorized representatives, agents, 

servants, employees and sources knew or should have known that 

such statements were false, or recklessly disregarded the 

falsity of said statements. 

 71. Defendant and/or his authorized representatives, 

agents, servants or employees created a false impression by 

knowingly or recklessly publicizing selective pieces of 

information, rendering the publication susceptible to inferences 

casting Plaintiff in a false light. 

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 72. By reason of Defendant’s aforesaid conduct, Plaintiff 

has suffered in her business, her reputation, feelings and peace 

of mind, to her great financial loss and damage, and to her 

great humiliation. 

 WHEREFORE, Plaintiff respectfully requests that this 

Honorable Court enter judgment in her favor and against 

Defendant William Cosby, in an amount in excess of One Hundred 

Fifty Thousand Dollars ($150,000.00) plus attorneys’ fees, 

interest, costs, punitive damages, and such other additional 

relief as this Court deems just and proper. 

JURY DEMAND

 Plaintiff hereby demands a trial by jury in this matter. 

 Respectfully submitted, 

 Troiani/Kivitz, L.L.P. 

 ___________________________ 

 Bebe H. Kivitz, Esquire 

 I.D. No. 30253 

 Dolores M. Troiani, Esquire 

 I.D. No. 21283 

 38 North Waterloo Road 

 Devon, PA 19333 

 (610) 688-8400 

 (610) 688-8426 fax 

 Attorneys for Plaintiff, 

 Andrea Constand 

Dated: August 24, 2005

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CERTIFICATE OF SERVICE

 I, Dolores M. Troiani, hereby certify that a true and 

correct copy of the Amended Complaint was served via regular 

First-Class U.S. mail, postage prepaid, on the following: 

Patrick J. O’Connor, Esquire 

Cozen O’Connor 

1900 Market Street 

Philadelphia, PA 19103 

Andrew D. Schau, Esquire 

Patterson Belknap Webb & Tyler, LLP 

1133 Avenue of the Americas 

New York, NY 10036 

 TROIANI/KIVITZ, L.L.P. 

 _______________________ 

 Dolores M. Troiani, Esq. 

 Bebe H. Kivitz, Esquire 

 Attorneys for Plaintiff 

Date: August 24, 2005

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