(Updates with Diallo’s document excerpt in second paragraph.)
Oct. 24 (Bloomberg) -- The woman who sued former International Monetary Fund chief Dominique Strauss-Kahn over claims that he sexually assaulted her is opposing his bid to dismiss the case.
Strauss-Kahn’s motion is a “transparent attempt to delay these proceedings and should be denied in its entirety as utterly meritless and frivolous,” the woman, Nafissatou Diallo, said in a document provided by one of Diallo’s attorneys, Kenneth Thompson. The papers were sent to Strauss-Kahn’s lawyers today and will be filed with New York State Supreme Court in the Bronx on Nov. 9, Thompson said.
Strauss-Kahn was pulled off an Air France flight at John F. Kennedy International Airport on May 14, arrested and charged with trying to rape Diallo, a housekeeper at the Sofitel in midtown Manhattan. He resigned as head of the IMF four days later to fight the charges, which were dismissed in August.
Diallo, 33, sued Strauss-Kahn on Aug. 8, seeking unspecified damages for what her lawyer called “violent and deplorable acts.”
New York State Supreme Court Judge Michael Obus on Aug. 23 granted Manhattan District Attorney Cyrus Vance Jr.’s request to dismiss the criminal charges against Strauss-Kahn. Vance’s office had concluded that Diallo had lied about events surrounding the alleged attack.
Attorneys for Strauss-Kahn on Sept. 27 asked New York State Supreme Judge Douglas McKeon to dismiss the lawsuit, saying that Strauss-Kahn, as managing director of the IMF, was subject to diplomatic immunity at the time of his arrest.
Strauss-Kahn’s diplomatic immunity argument “misses the mark completely” and relies on a treaty that the U.S. isn’t party to, Diallo said in her motion.
“Defendant has made absolutely no showing that any assertion of immunity has been made by the IMF or the U.S. State Department,” her lawyers said in the court documents. “In fact, both entities have rejected any claim by defendant DSK to immunity months ago.”
Diallo’s attorneys had a deadline today to file a response to Strauss-Kahn’s motion to dismiss the case to his lawyers, who have until Nov. 9 to formally respond to the complaint, Thompson said. William Taylor III, an attorney representing Strauss-Kahn, didn’t immediately respond to a telephone message left at his office in Washington seeking comment on Diallo’s response papers.
Paris prosecutors on Oct. 13 dropped an inquiry into whether Strauss-Kahn in 2003 assaulted French writer Tristane Banon, who then decided not to pursue a private criminal action against Strauss-Kahn.
The case is Diallo v. Strauss-Kahn, 11-307065, New York State Supreme Court (Bronx County).
--Editors: Mary Romano, Peter Blumberg
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