National Roundup

California
James Franco settles for $2.2M in school sex misconduct suit

LOS ANGELES (AP) — James Franco and his co-defendants agreed to pay $2.2 million to settle a lawsuit alleging he intimidated students at an acting and film school he founded into gratuitous and exploitative sexual situations, court filings made public Wednesday showed.

The two sides first reached a deal to settle the class-action suit in February, but it took several months to resolve details, and the dollar amount was not previously disclosed.
Actresses and ex-students Sarah Tither-Kaplan and Toni Gaal, who first filed the lawsuit in October 2019 that was joined by many others, alleged that at his now-defunct school, Studio 4, Franco pushed his students into performing in increasingly explicit sex scenes on camera in an "orgy type setting" that went far beyond those acceptable on Hollywood film sets.

The two sides also agreed to release a joint statement.

"While Defendants continue to deny the allegations in the Complaint, they acknowledge that Plaintiffs have raised important issues; and all parties strongly believe that now is a critical time to focus on addressing the mistreatment of women in Hollywood," the statement said. "All agree on the need to make sure that no one in the entertainment industry — regardless of sex, race, religion, disability, ethnicity, background, gender or sexual orientation — faces discrimination, harassment or prejudice of any kind."

It alleged that Franco "sought to create a pipeline of young women who were subjected to his personal and professional sexual exploitation in the name of education," and that students were led to believe roles in Franco's films would be available to those who went along.

Franco's production company Rabbit Bandini and his partners including Vince Jolivette and Jay Davis were also named as defendants.

The settlement includes "non-economic" terms that have not been made public.

It has been submitted to a Los Angeles judge for approval.

Before filing the lawsuit, Tither-Kaplan aired her allegations of sexual misconduct against Franco along with other women in the Los Angeles Times after Franco won a Golden
Globe Award for "The Disaster Artist" in early 2018, when the wave of the #MeToo movement was first sweeping across Hollywood.

The Associated Press does not typically identify people who say they have been sexually abused, but often will if they come forward publicly.


New York
Hate crime charge for woman in hotel confrontation

NEW YORK (AP) — A California woman who wrongly accused a Black teen of taking her phone at a New York City hotel late last year and grabbed at him as he tried to leave is now charged with a hate crime.

Miya Ponsetto was arraigned in court in Manhattan via videoconference Wednesday and pleaded not guilty to charges including unlawful imprisonment as a hate crime, aggravated harassment and endangering the welfare of a child.

Ponsetto was at the Arlo Hotel in December when she got into a confrontation with a teen, 14-year-old Keyon Harrold Jr., whom she accused of stealing her phone. Video shows her grabbing at him as he tried to get away. Her phone was found soon afterward in an Uber.

Ponsetto, of Piru, California, was initially arrested in January on other charges in connection with the confrontation. The 22-year-old initially seemed to apologize, but later backed off in a tense interview on a morning CBS news show.

Her next court date is scheduled for Oct. 20.

"The charges alleged are a brazen and clear overreach of the intent of the statute," her attorney, Paul D'Emilia, said in a statement. "In sum, they are absurd, and a perversion of our legal system."

The family of the teen has filed a lawsuit against Ponsetto and the hotel, alleging racial profiling.


Minnesota
Mayo Clinic sued in alleged snooping of nude patient photos

ROCHESTER, Minn. (AP) — Mayo Clinic has been sued by three female patients who say a former surgery resident viewed nude photographs of them in their medical records.
The lawsuits claim Ahmad Alsughayer, 28, of Saginaw, Michigan, had no reason to go into the patients' files. Alsughayer allegedly viewed the records of 1,614 patients and was charged in April with one count of unauthorized computer access.

The Star Tribune reports that three of the women have sued Mayo, with the most recent lawsuit filed in May. One of the lawsuits alleges Mayo failed to use a feature in its electronic health records system that would have limited access to highly sensitive medical records and prevented the breach.

Another alleges that Mayo Clinic knew, but didn't tell the woman, that Alsughayer had requested access to records, and that Mayo chose not to take precautions to prevent it. Two of the lawsuits seek class-action status.

Mayo Clinic told the Star Tribune its staff investigated the incident, found that one employee viewed the medical information, and notified authorities and affected patients. A spokeswoman referred the newspaper to its prior statements and the court file, citing the pending criminal case and lawsuits.

In a statement in October, Mayo said: "Mayo Clinic is strongly committed to protecting the privacy of our patients, and we sincerely regret that this incident occurred." The statement said Mayo Clinic took the matter seriously and was reviewing its policies and procedures.

Alsughayer's attorney in the criminal case, Marsh Halberg, declined to comment to the Star Tribune.

On Oct. 5, Mayo Clinic sent out a news release saying that on Aug. 5 it confirmed "suspicious access" to medical records of 1,614 patients by one former employee. Mayo's letters to patients said an unnamed employee had inappropriately accessed files with their name, demographic information, date of birth, medical record number, clinical notes, "and, in some instances, images."

A Mayo spokeswoman told the Star Tribune last November that because of the number of patients affected, Mayo Clinic staff notified police and the FBI. The clinic also reported the matter to "applicable licensing boards." Mayo Clinic said Alsughayer's employment "was ending" when the breach was discovered.