Wrongful Prosecution Suit Over Eagles Lyrics Dismissed in New York

Judge Rejects Claims by Rare Books Dealer

NEW YORK — A New York judge has dismissed a wrongful prosecution lawsuit filed by a rare books dealer who was previously accused of attempting to sell stolen drafts of handwritten Eagles lyrics. The ruling ends, for now, a civil challenge brought by dealer Glenn Horowitz against Eagles co-founder Don Henley and the band’s longtime manager, Irving Azoff.

Horowitz was one of three defendants in a criminal case centered on more than 100 pages of drafts from songs on the Eagles’ Hotel California. The Manhattan District Attorney’s Office indicted the group in 2022, alleging the pages had been stolen before appearing on the memorabilia market. Prosecutors later dropped the case mid-trial after new documents surfaced, weakening what they described as their confidence in the charges.

Earlier this year, Horowitz filed a civil suit accusing Henley and Azoff of malicious prosecution, intentional infliction of emotional distress, and related claims. But New York State Supreme Court Justice Kathleen Waterman-Marshall granted the pair’s motion to dismiss, finding that prosecutors had ample probable cause to pursue charges based on their own investigation and a grand jury indictment.

Court Cites Lack of Bad Faith

Waterman-Marshall also addressed the late disclosure of documents that led prosecutors to abandon the criminal case. She said none of the newly released material exonerated Horowitz and that their disclosure did not result from any bad faith by Henley, Azoff, or others.

According to the judge, prosecutors dismissed the case because Horowitz’s defense could not be presented with certain information in time, not because evidence had been improperly withheld. She noted that there had been no finding that any defendant withheld documents for an improper purpose.

Henley and Azoff’s attorney, Dan Petrocelli, praised the ruling, stating that the only malicious prosecution was Horowitz’s lawsuit itself.

Horowitz’s lawyer, Caitlin Robin, said her client will appeal and plans to renew and reargue the dismissal. She added that Horowitz continues to pursue a separate malicious prosecution claim against the city of New York.

Long Dispute Over Hotel California Drafts

The conflict traces back to handwritten lyrics drafted by Henley and the late Glenn Frey. Horowitz has said he and business partner John McWhinnie bought the pages decades later from writer Ed Sanders, who had obtained them while researching a planned Eagles biography in the late 1970s. Sanders kept the materials after the book was canceled.

Horowitz said he and McWhinnie sold the drafts to Rock & Roll Hall of Fame curator Craig Inciardi and dealer Edward Kosinski in 2012. Both men attempted to auction portions of the lyrics several times in the years that followed, prompting Henley to intervene and challenge their ownership.

At one point, Horowitz alleged Henley filed a report with the Los Angeles Sheriff’s Department claiming the pages were stolen. He further asserted that Henley knew, or should have known, that Horowitz’s earlier sale of the material was lawful but continued to provide statements that helped launch and sustain the criminal case.

Waterman-Marshall rejected Horowitz’s argument that Henley’s conduct amounted to intentional infliction of emotional distress. She said reporting suspected stolen property did not meet the legal threshold for outrageous conduct.

Henley has maintained that the drafts belonged to him and has pointed to Sanders’ contract for the abandoned biography, which stated that all materials provided for research remained the property of the Eagles.

What Comes Next

Separately, Henley is pursuing his own lawsuit seeking to reclaim the lyric sheets. The handwritten pages remain in the custody of the Manhattan District Attorney’s Office while a decision on their rightful ownership is pending.