Pop singer Taylor Swift smiled and fought back tears as US District Judge William Martinez’s ruled that he was throwing out a former Denver radio host’s case against her on Friday. The case claiming the pop star could not be held liable for the DJ DJ David Mueller getting fired.

Swift is still pursuing her countersuit for $1 and the chance to stand up for other women. Swift’s suit alleges that Mueller sexually assaulted her at a meet and greet and photo op in 2013.

The singer’s former bodyguard testified in court Friday that he saw the incident. “No, I know I saw it. I don’t believe I saw it. I know I saw it,” Greg Dent told jurors on the fifth day of Swift’s federal civil trial against the former KYGO radio host. Mueller was fired after the incident.

Dent was standing a few feet away as the “Shake It Off” singer posed for a photo with Mueller and his girlfriend, Shannon Melcher, at Denver’s Pepsi Center on June 2, 2013.

While he didn’t see Mueller actually touch Swift, Dent said he saw his hand move up her skirt moments before the photo was taken.

“She jumped, pushed her skirt down and moved closer to [Melcher],” he said.

Dent didn’t step in because Swift hadn’t motioned for him to come over, he said, adding the pop star had told him sometimes he was “a little too mean.”

“I know she would have said something if she wanted me to intervene,” he testified. “I know she wasn’t comfortable with it. That’s why she moved, pushed her skirt down and moved closer to the woman.”

Dent also testified that after the incident he told Swift’s male fans “to keep their hands up high” while taking photos with her. He said Swift was “too fan-friendly for me.”

 

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