Anti-Flag have been dismissed from the ongoing sexual assault lawsuit against former frontman Justin Sane (born Justin Geever). New York judge Brenda K. Sannes has thrown out Kristina Sarhadi's filing against the band's LLC, Hardwork Distribution Inc., due to a lack of verifiable connections between the allegations against Sane and negligence on behalf of Anti-Flag and the company itself.
"The Court agrees that Plaintiff has not plausibly alleged a breach of a specific duty owed to her," reads the decision, dated December 18. "Because the first amended complaint has even fewer allegations regarding Hardwork, Hardwork's motion to dismiss is granted."
While former members of the now-dissolved group Chris Head, Chris "#2" Barker and Pat Thetic are absolved, the lawsuit against Sane continues. Anti-Flag suddenly announced their breakup in July 2023, when Sarhadi appeared on the enough. podcast and recounted her alleged assault by the singer of an unnamed political punk band 10 years ago.
Sane proceeded to deny the allegations as "categorically false," but 12 more women came forward with similar accusations against the singer in a Rolling Stone exposé weeks later. Barker, Head and Thetic then issued a statement apologizing to the accusers and condemning their former bandmate's behaviour.
Sarhadi's formal lawsuit against Sane was filed in November 2023 under New York's Adult Survivors Act, which created a year-long window for the statute of limitations to be waived for survivors who were over the age of 18 at the time of the assault. She accused Sane of sexual assault, battery and emotional distress, and initially thought the band was liable for funding the 2010 hotel stay during which the assault took place. However, the court found no evidence that Barker, Head and Thetic were aware of — or complicit in — the vocalist's alleged actions.
In March 2024, Sarhadi claimed that Sane had plans to flee the country to "purposefully and unlawfully avoid service" of her lawsuit. He has yet to engage in the ongoing legal proceedings, which could result in a default judgment — a motion for which is required within the next 30 days.