It's likely that Cosby's attorneys are suing Constand for breaching a confidentiality agreement signed in 2005 after Constand and Cosby reached a settlement before her civil lawsuit would have gone to trial.
The 1980s TV sitcom star, who is accused of sexually assaulting Ms Constand at his Montgomery County home in 2004, faces up to 10 years in prison if convicted. The charge came 11 years after Bruce Castor, the Montgomery County district attorney at the time, did not file sexual assault charges against Cosby, citing "insufficient credible and admissible evidence".
"Both Andrea and Gianna Constand voluntarily sat for interviews with the District Attorney, even though they were under no legal obligation to do so and the terms of the Confidential Settlement Agreement expressly prohibited such conduct". He also seeks damages from Constand, her mother, her two lawyers and the parent company of the National Enquirer, which has published numerous stories on the case. Troiani is also said to have disclosed the settlement.
"On information and belief, the deposition transcript was improperly released because Troiani and Kivitz either instructed the Court Reporter to release it, or knowingly failed to use her best efforts to ensure that her vendors comply with the confidentiality provisions of the 2006 Confidential Settlement Agreement", states the complaint. As part of the investigation, prosecutors interviewed Constand and her mother and obtained files from her lawyer. A judge will decide whether to dismiss a sexual assault case against the comedian over an unwritten promise of immunity that a former prosecutor says he gave Cosby's now-deceased lawyer. Yet they "voluntarily participated in a 2015 reinvestigation of Andrea Constand's allegations against Mr Cosby", the 29-page complaint continues.
Cosby filed the breach-of-contract lawsuit against Constand a day before a February 2 criminal court hearing that included testimony from her lawyer, Dolores Troiani.
"Cosby is requesting the court permit him to make accusations and statements regarding the underlying settlement while restricting the ability of the public to scrutinize those accusations", their response said. A preliminary hearing on the criminal case is set for March 8th.
He has defamation lawsuits pending against accusers in Boston, Pittsburgh and Los Angeles.