Judge recommends Austin lawsuit proceed against Thomas J. Henry and that he not collect sanctions

A federal magistrate judge in Austin has recommended that a lawsuit against Thomas J. Henry over an alleged sexual assault by a director working on a film commissioned by the flashy lawyer shouldn’t be dismissed. The judge, however, sided with Henry in recommending that some claims against him and his firm — including for sex trafficking and forced labor — should be tossed. U.S. Magistrate Judge Susan Hightower also said this week that Henry’s request for sanctions against the plaintiff’s attorneys for filing a “frivolous” lawsuit should be denied. The parties can object to Hightower’s report and recommendation before U.S. District Judge Lee Yeakel issues a final decision on the various requests. In an April lawsuit, a New York woman said the director allegedly assaulted her while they were working on filming of Austin Elevates, a two-day art and music festival presented by Henry in 2019. The event raised money for charities.

She accused Henry, Thomas J. Henry Law and production company Gray Picture of failing to adequately supervise director Robert “Bobby” T. Herrera of St. Louis and not providing a safe working environment. The Express-News is not identifying the woman, who was 27 at the time, because she is an alleged victim of sexual assault. “We look forward to our client having her day in court and having the chance to prove that Thomas J. Henry created the unsafe environment which led to her rape,” Holt Major Lackey, a lawyer for the woman, said in an email Friday. Jason Davis, a San Antonio lawyer representing Henry and his firm, previously said the allegations against his clients were “baseless,” “entirely frivolous” and “likely subject to sanctions” under federal court rules. Henry doesn’t know the woman and had nothing to do with the alleged incident, Davis added in a email. He accused the plaintiff’s attorneys of targeting Henry as a “deep pocket” in an attempt to “extract a settlement.” Tanner Rolfes, a St. Louis lawyer for Herrera and his production company, previously denied the allegations and vowed to “take appropriate legal action regarding the distribution of these defamatory statements.” Rolfes added that the Austin Police Department investigated the allegations but never made an arrest.