Ex-DMB Member Boyd Tinsley Sued for Breaching Sexual Misconduct Lawsuit Settlement

Boyd Tinsley, the former violinist for the Dave Matthews Band, is facing a new lawsuit that claims he violated the

terms of a 2019 settlement resulting from a sexual harassment case.

A former member of Tinsley’s band Crystal Garden, musician James Frost-Winn, filed a lawsuit against Tinsley in

2018, claiming that Tinsley “ejaculated next to Plaintiff Winn and touched Winn’s buttocks while Plaintiff Winn was

sleeping” in November 2015.

The lawsuit claims that Tinsley texted Frost-Winn after the event to say that he had “messed up,” been “confused on

pills,” and that it would never happen again. The lawsuit contained a number of purported sexually suggestive

conversations that Tinsley sent to Frost-Winn in 2016. In these texts, Tinsley allegedly talks about masturbating to

pictures and demands that certain pictures be taken for sex. Frost-Winn on the left Crystal Garden in August 2016.

The two parties agreed to pay Frost-Winn $837,000 as a settlement the following year after Frost-Winn filed a

lawsuit against Tinsley in May 2018. However, the agreement had a “mutual non-disparagement” clause that forbade

either side from publicly discussing the issue. Attorneys for Frost-Winn allege in the current case, which was

obtained by Rolling Stone and filed Wednesday in Washington State Superior Court, that Tinsley violated that

provision on February 22, 2022, through a string of social media posts.

According to screen captures presented as proof, Tinsley posted on social media, “The accusation is a total lie.” I’ve

been the victim of mentally ill and money-hungry individuals on a regular basis. This most recent person I’m

referring to made up this unbelievable tale of sexual harassment, which is a complete and total lie.”

Tinsley claimed that his accuser was “a very troubled and disturbed person” and that “he had a field day spending my

money… music went out of the window and it was all about getting drunk and playing pinball,” however he did not specifically name Frost-Winn. (If someone can be recognised in another way, using that person’s name is not required by defamation law.)

Tinsley’s social media comments were posted on February 22, 2022, and the lawsuit was filed Wednesday to stay

within Washington state’s two-year statute of limitations for defamation claims. Tinsley is being sued for breach of

contract, defamation, false light, negligence, and intentional infliction of emotional distress.

According to the lawsuit, after Tinsley’s alleged violation, both parties tried mediation but were unsuccessful, which

led to the filing. The current lawsuit cites 18 occasions in which Tinsley violated the non-disparagement agreement

in his February 2022 posts, totalling $450,000. The 2019 settlement agreed to a penalty of $25,000 for each violation.

In a statement to Rolling Stone, Frost-Winn’s lawyer Stephanie Stocker said, “We are disappointed that filing this

lawsuit against Mr. Tinsley was necessary, but our attempts at settlement for these claims have been futile.”

Additionally, earlier this year, Mr. Tinsley and his lawyer agreed to provide us with more details on Mr. Tinsley’s

financial status; however, we never heard back from Mr. Tinsley or his attorney.”

Stocker goes on to say that she “is hopeful that Mr. Tinsley and my client can reach a resolution of these claims.”

When asked about the new complaint, Tinsley’s attorney did not immediately respond. Tinsley declared that he

would “fight both in and out of court to repair the damage that has been done” by what he called “false accusations”

when the first claims were made in 2018. “My family, friends, and fans have been embarrassed by these accusations,”

he continued.

The most well-known connection Tinsley has is with the Dave Matthews Band, which he joined in 1992. Every Dave

Matthews Band album from 1994’s Under the Table and Dreaming to 2018’s Come Tomorrow featured the violinist.

“I need to take a break from the band & touring 2 focus on my family & my health 4 a while,” he said in a statement

released in February 2018, before the charges were made public. I’m a little tired out and need to spend more time

with my family and find more balance in my life, but I will miss you guys and my band brothers.

“Even though Boyd is no longer a member of the band, we are shocked by these disturbing allegations and we were

not previously aware of them,” a representative for the band told Rolling Stone after the accusations were made. In

May 2018, Matthews spoke vaguely about Tinsley’s absence in an interview with Vulture.

“Boyd has to deal with his stuff, and I really love him,” Matthews remarked. It would have been far simpler for him

to simply declare, “I’m fine,” in many respects. Come on, let’s play. However, you cannot simply disregard your well-

being and yourself because you play violin in a band.

Because I don’t know what will happen, I can’t say, ‘I can’t wait till he comes back,'” he continued. But for now, it’s

better for him to be away. Nobody is pleased with the state of affairs. Aside from that, we’re glad he can solve some

problems. I’m hoping he does. However, having that whirling-dervish Adonis-Muppet on my right will be missed.

The audience is, too, I’m sure. However, we can’t serve that desire.”