On Thursday, a spokesperson for the actor, 55, 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,” they 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 complaint against Foxx was filed in New York Supreme Court on Wednesday. Documents obtained by PEOPLE show the alleged victim, identified only as Jane Doe, alleged the incident in question took place in August 2015 at Catch NYC.
The alleged victim claimed that when she and a friend entered the establishment's rooftop bar and lounge, they saw Catch Hospitality Group co-founder Mark Birnbaum seated “one table away having drinks” with Foxx, whose real name is Eric Marlon Bishop.
The alleged victim claimed that at approximately 1:00 a.m., she and a friend approached Foxx’s table to ask for a picture with the Academy Award winner. She claimed he replied, “Sure baby, anything for you,” and proceeded to take “several photographs.”
Foxx, whom the woman alleged in the complaint “seemed intoxicated," allegedly told Jane Doe: "Wow, you have that super model body," “You smell so good” and “You look like Nickie.” (According to court documents, when she asked “Who’s Nickie?” Foxx replied, “Gabrielle Union" and then allegedly grabbed her by her arm and pulled her to the back area of the rooftop.
The court filing alleged that once Foxx led Jane Doe to a secluded area, he “placed both of his hands on her waist, moved them under her ‘crop top’ and began rubbing her breasts.”
The alleged victim said she "attempted to step away from Foxx" and noticed a security guard, who allegedly saw what was happening but walked further away.”
Doe alleged that Foxx proceeded to slide his hands into her pants and put his fingers on and in her vagina and anus. After her friend returned to her side, Foxx allegedly stopped touching the alleged victim and walked away to stand with a security guard.
The lawsuit against Foxx was filed on the final day to file cases under New York’s Adult Survivors Act, which for the last year has allowed victims of sexual assault who were 18 years or older at the time of their abuse a one-year look-back period to file a lawsuit against their abuser and, if applicable, the institution that harbored them, no matter how long ago the crime occurred, per MSNBC.
In the court filing, Jane Doe alleged she “has suffered and continues to suffer physical and emotional injuries, anxiety, distress, embarrassment and economic harm.”
She is seeking damages for pain and suffering, economic loss as well as punitive damages in an amount that exceeds the jurisdiction of all lower courts.
Read the original article on People.