Marilyn Manson, already facing criminal charges for allegedly rubbing his sweaty, G-string-clad crotch on a Clarkston, Michigan, security guard's head last summer, has now been hit with a civil suit by the man.
Joshua Keasler, 26, filed the suit Tuesday in U.S. District Court in Detroit, alleging assault and battery, intentional infliction of emotional distress, gross negligence and wanton misconduct. The incident allegedly occurred during Manson's July 30 performance at the DTE Energy Music Theatre (see "Marilyn Manson Accused Of Rubbing Crotch On Man's Head").
The suit, which seeks more than $75,000, claims Keasler was grabbed from behind by Manson, who then "proceeded to improperly and/or sexually touch, restrain and/or assault [Keasler]." When the guard unsuccessfully tried to free himself, the suit says, Manson continued to "gyrate his hips, thighs and/or pubic area against [Keasler's] head, neck and/or face."
In the course of this action, Manson rubbed "unknown liquids" and "bodily fluid residue" in Keasler's face, causing the fluid to get in and around his mouth, eyes and nose, according to the suit. Keasler's concern about being exposed to potential diseases and viruses, including HIV, is part of his emotional distress claim, said his lawyer, John Nickola.
Manson "spit a big gob of fluid on the back of Keasler's head," Nickola said. "He had flipped his leg over and had forced his G-stringed area into this guy's face and mouth. There was lots of bodily fluid, and [Keasler] doesn't know if it was saliva, sweat, ejaculate or blood. He doesn't know. All he knows is that it's on his face, around his mouth, nostrils, eyes. ... He's worried because he doesn't know if he's contracted HIV or whatever else. Given [Manson]'s history and background, he doesn't know who this guy's been with, what kind of sexual activity he's had. He's scared out of his mind."
Nickola said Keasler has been seeking physical and psychological treatment and that the damages sought are meant to cover his client's medical care as well as the humiliation he suffered. "He's unable to have a normal life now," Nickola said. "He can't work with his co-workers [at the security company] anymore. He still feels like people are ridiculing him. ... He can't get away from it. People are calling him and his relatives. He's changed his phone number, but people keep finding him, although his name was not used in initial reports. It's just turned this kid's life upside down."
Saying that the civil case has no immediate bearing on the criminal matter at hand, Manson co-counsel Walter Piszczatowski said that the only impact it would have is on the wording of Manson's plea. "They would be able to use Manson's words in the civil case," he said. "That's the consideration, whether he pleads guilty or no contest. If he pleads no contest, then there are no words to use."
Nickola said that it's more than the wording of the plea, though, that he plans to use. Saying that this case as well as one pending in Minnesota demonstrate a pattern of activity (see "Second Man Claims To Be Victim Of Marilyn Manson's Crotch"), he plans to use information from both cases to help his client, whom he said is being failed by the criminal justice system. "[Manson] is dodging and weaving the criminal case," he said "but he's being called to the bar of justice by me."
Meanwhile, Manson is awaiting a ruling on the prosecution's appeal of Judge Gerald McNally's refusal to remove himself from the case. Prosecuting attorney Ken Frazee requested that McNally recuse himself after the judge mentioned what fine he would levy should Manson be found or plead guilty on reduced charges of misdemeanor assault and battery and disorderly conduct (see "Marilyn Manson Facing Reduced Charges In Crotch-Rubbing Case"). Frazee argued that sentencing was premature. Judge Julie Nicholson has yet to decide on the matter.