An Independent Public RecordWednesday, June 17, 2026

MACEOPEDIA


The Public Record

← Back to Court Filings
Court Filing

Musgrave v. Mace (2:25-cv-01823-RMG)

Brian Musgrave, one of four men Rep. Nancy Mace named in her February 2025 House floor speech, filed a federal defamation and libel suit against her. The case turned on whether the Speech or Debate Clause and the Westfall Act shielded Mace from liability for statements made both inside and outside Congress. Senior District Judge Richard Gergel heard oral argument on August 20, 2025 and that same day entered an order that led Mace to characterize the case as resolved in her favor; the full scope of the ruling, and whether any claims survive, is addressed below.

No. 2:25-cv-01823-RMGCourt: United States District Court, District of South Carolina (Charleston Division)Filed: Status: Dismissed with prejudice (Aug. 20, 2025 order, Dkt. No. 43), United States substituted under the Westfall Act and the tort claims barred by the FTCA; the order is reproduced belowParties: Plaintiff: Brian Musgrave · Defendants: Nancy Mace and Jane/John Does 1-5

All characterizations of legal arguments below reflect the positions taken by the respective parties in their filed motions and the court's publicly issued order. They are not findings by this wiki or assessments of the merits. All allegations made by either side are contested and unproven. Rep. Mace denies wrongdoing and has maintained that her conduct was undertaken in her official capacity as a Member of Congress. The litigation produced findings of law, not findings of fact, on the underlying accusations.

What the case is about

On the evening of February 10, 2025, Rep. Nancy Mace delivered a speech on the floor of the United States House of Representatives in which she named four private citizens by name, including Brian Musgrave, and described them as sexual predators who had "incapacitated women" and secretly filmed them. She displayed a poster board during the speech labeled "PREDATORS" bearing photos and names of the four men.

After the speech, Mace rebroadcast it on her official congressional X account (the post reached more than 2.8 million views by the time the amended complaint was filed), posted additional X messages referencing Musgrave by name, and displayed the same "PREDATORS" poster outside her congressional office in the Longworth House Office Building.

Musgrave, a Fort Mill, South Carolina businessman who co-owns real estate with Patrick Bryant but who, his attorneys say, had no involvement in any of the incidents Mace described, denied the accusations. His attorneys sent a pre-suit demand letter asking Mace to produce evidence linking Musgrave to any alleged conduct or to retract and apologize. A representative for the House General Counsel responded that "SLED is investigating the matter" and directed Musgrave's counsel to contact SLED. Musgrave's lead attorney Eric Bland called it "a typical government response, a non-answer."

"I am not a rapist. I am not a predator. I am not a sex trafficker," Musgrave told CNN.

Musgrave filed suit in federal court on approximately March 14, 2025, as reported by the Post and Courier's Caitlin Byrd. A First Amended Complaint was filed June 9, 2025 (Dkt. No. 16/16-1). The amended complaint asserted causes of action for libel per se (Counts 1-11), a Bivens constitutional claim, defamation per se, civil conspiracy, and a request for permanent injunctive relief.

Who Brian Musgrave is

Brian Musgrave is a Charleston-area businessman and co-investor with Patrick Bryant in at least one Isle of Palms property that the two have operated as a short-term rental. Musgrave lives in a different part of South Carolina than Mace's First Congressional District. He is not her constituent. He told CNN that the impact of Mace's speech had been "catastrophic," that he was "completely uncertain what tomorrow is going to be business-wise," and that his family, including children in high school and college, had been required to answer for their father being publicly branded an "alleged rapist" and "alleged predator."

Musgrave was represented by the firm Bland Richter, LLP, attorneys Eric S. Bland, Ronald L. Richter, Jr., and Scott M. Mongillo, throughout the litigation.

The Westfall Act question

The Westfall Act (28 U.S.C. § 2679) provides that when a federal employee is sued, the Attorney General may certify that the employee was acting within the scope of their federal employment at the time of the challenged conduct. If that certification is accepted, the United States is substituted as the sole defendant, and the case is then governed by the Federal Tort Claims Act (FTCA). The FTCA explicitly bars suits against the United States for libel and slander (28 U.S.C. § 2680(h)), which would result in dismissal.

On July 16, 2025, U.S. Attorney for South Carolina Bryan Stirling filed a scope-of-employment certification pursuant to the Westfall Act, asserting that Mace and the Jane/John Doe defendants were acting within the scope of their federal duties when making the statements at issue, including Mace's social-media posts viewed by millions. The United States simultaneously moved to be substituted as the party defendant (Dkt. No. 21) and to dismiss the action on the grounds that defamation claims against the United States are barred by the FTCA (Dkt. No. 22).

On July 19, 2025, Musgrave's counsel filed an Opposition to the Westfall Act Certification and Speech-or-Debate Clause Protection (the document is in the public record). The opposition argued, among other things, that Mace's conduct was a personal post-breakup vendetta against Patrick Bryant rather than an exercise of congressional duties; that accusing private citizens by name of rape, voyeurism, and sex trafficking does not constitute a legislative act within the scope of congressional employment; and that Mace's extensive republication of her accusations on social media and via her congressional newsletter after the floor speech extended the harm well outside the legislative chamber and beyond any protected sphere.

The opposition cited a broader pattern of conduct, including Mace's alleged solicitation of witnesses to corroborate her accusations, an airport encounter described in the Vicki Pittman affidavit, the May 20, 2025 subcommittee hearing, podcast appearances, and press statements, as evidence that Mace's campaign against Bryant and those around him was personal, not official.

In plain English, the Westfall/scope-of-employment question asked: Was Mace doing her job as a congresswoman, or pursuing a personal grievance? The plaintiff said personal grievance; the government said job duties.

The Speech or Debate Clause question

The Speech or Debate Clause (U.S. Const. Art. I, § 6) provides that members of Congress "shall not be questioned in any other Place" for "any Speech or Debate in either House." It is a near-absolute immunity for votes, speeches, and actions within the "legitimate legislative sphere." Courts have long held, however, that the Clause does not extend to statements republished outside the chamber, including newsletters, social media, and press appearances. (Hutchinson v. Proxmire, 443 U.S. 111 (1979); Gravel v. United States, 408 U.S. 606 (1972).)

Mace separately moved to dismiss Musgrave's Bivens claim under the Speech or Debate Clause (Dkt. No. 24), arguing absolute congressional immunity for her floor speech.

The August 20, 2025 ruling (Dkt. No. 43)

Senior District Judge Richard M. Gergel conducted oral argument on August 20, 2025 on all pending motions, the United States' motion to substitute (Dkt. No. 21), the United States' motion to dismiss (Dkt. No. 22), Mace's motion to dismiss the Bivens claim (Dkt. No. 24), and Musgrave's motion for limited discovery (Dkt. No. 31). Judge Gergel issued his 15-page order (Entry Number 43) the same day. It is reproduced below, and the original PDF is available here.

Page 1 of Judge Richard M. Gergel's August 20, 2025 order in Musgrave v. Mace, Case No. 2:25-1823-RMG, listing the four pending motions and recounting Mace's February 10, 2025 floor speech Page 1, the order takes up the motion to substitute (Dkt. 21), the two motions to dismiss (Dkt. 22, 24), and the discovery motion (Dkt. 31). It recounts that on February 10, 2025, Mace "publicly denounced Plaintiff and three other men by name as alleged sexual predators."

Page 15 of the order: the conclusion granting substitution and dismissal, denying discovery, and ordering the action dismissed with prejudice over Judge Gergel's signature Page 15, the conclusion: substitution granted, both motions to dismiss granted, the discovery motion denied, and "this action is DISMISSED WITH PREJUDICE," signed by Judge Gergel.

The order resolved every pending motion. The court granted the United States' motion to substitute itself as the defendant in place of Mace and the Doe defendants (Counts 1-11, 13, 14, 15), finding that Mace's floor speech and its republication fell within the scope of her congressional employment; granted the United States' motion to dismiss those counts under the Federal Tort Claims Act, "which includes actions for libel and slander" against the United States (28 U.S.C. § 2680(h)); granted Mace's separate motion to dismiss the Bivens claim (Count 12); and denied Musgrave's motion for limited discovery. "Based on the foregoing," the order concludes, "this action is DISMISSED WITH PREJUDICE."

The dismissal rested on sovereign immunity and the scope-of-employment certification, not on any finding about the truth of the accusations Mace made or Musgrave denied. As the court put it: "Under the operation of the FTCA, Plaintiff has no civil remedy to hold accountable persons he believes have defamed him." Musgrave's attorneys had argued throughout that the Speech or Debate Clause cannot transform "the floor of Congress into a sanctuary for defamation," and that Mace's social-media republication, reaching millions of views, extended the harm beyond any protected legislative act.

On August 20, 2025, Mace texted Alexis Berg: "And my defamation case was thrown out this morning w Musgrave!", a characterization consistent with the order.

Evidence the plaintiff's filing organizes

The First Amended Complaint (Dkt. No. 20-1, filed June 9, 2025) organizes the following categories of alleged conduct:

The floor speech itself (February 10, 2025). Mace's 53-minute address, during which she displayed the "PREDATORS" poster with Musgrave's photo, named him alongside Patrick Bryant, Eric Bowman, and John Osborne, and accused the group of incapacitating and filming women at an Isle of Palms property.

The "PREDATORS" poster outside her office. Mace displayed the same poster in a public hallway near her congressional office in the Longworth building, re-publishing the accusation to everyone who passed. See The "PREDATORS" poster outside her office for the full record of the poster, its late-March 2025 removal, and its November 2025 revival.

Social media republication. Mace posted the speech on X at 7:25 PM on February 10, where it reached 2.8 million views; reposted related content at 7:34 PM (1.8 million views); followed up on February 11, February 14, and subsequent dates with additional posts referencing Musgrave. Each post is identified as a separate alleged publication in the complaint.

The April 11, 2025 broadcast interview. Mace made statements on a broadcast interview that the complaint alleges falsely implied she had evidence that Musgrave had committed crimes.

The May 20, 2025 House Oversight Subcommittee hearing. As Chair of the Subcommittee on Cybersecurity, Information Technology, and Government Innovation, Mace delivered an 18-minute opening statement that, according to the public hearing record, made additional criminal accusations against Bryant and displayed a photograph from a civil lawsuit, conduct the complaint characterizes as amplifying the defamatory campaign outside any protected legislative act. The full hearing is publicly available on YouTube (youtube.com/watch?v=Y7M8foIxyRI).

Witness recruitment. The complaint describes Mace's alleged attempts to recruit witnesses to corroborate her accusations. Among those she allegedly approached was Vicki Pittman, Bryant's former housekeeper, who gave a sworn affidavit describing an airport encounter in the first week of May 2025 in which she says Mace pressed her about Bryant's conduct, an encounter Pittman swore was "strictly personal" and had "no connection to [Mace's] official duties." See Vicki Pittman.

Other affiants cited in the briefing. The opposition to the Westfall certification referenced affidavits and declarations from witnesses including Neely Kelleher, Ashleigh Messervy, and Eric Bowman in support of the argument that Mace's accusations lacked evidentiary basis. See Neely Kelleher, Ashleigh Messervy, and Eric Bowman.

The Kris Furniss text. The briefing references a communication from Kris Furniss in the evidential record. See Kris Furniss.

Connection to other litigation

This case is closely linked to the other matters in the Maceopedia public record:

  • The Westfall Act certification by U.S. Attorney Stirling also arose in the related federal proceeding, and Stirling's certification was cited by plaintiff in opposing dismissal. The question of whether Mace's conduct was personal or official is the same question litigated in the Pittman affidavit's use in Berg v. Bryant federal removal proceedings. See Mace Federal Removal (Berg v. Bryant).
  • Patrick Bryant's publicly filed Motion to Remand briefing in the federal removal (No. 2:26-cv-00305-BHH-MHC) cites the Pittman affidavit in arguing that Mace's conduct was personal rather than official, the same argument Musgrave's counsel made to Judge Gergel.
  • The underlying allegations Mace made against Musgrave trace to her breakup with Bryant. For background on Bryant's role in the record, see Patrick Bryant.
  • The Timeline maps the key dates: the February 10, 2025 floor speech, the filing of the suit (approximately March 14, 2025), the July 16, 2025 Westfall certification, the July 19, 2025 opposition, and the August 20, 2025 hearing and ruling.
  • For Musgrave's own wiki entry, see Brian Musgrave.

Sources & related coverage

Primary documents (free public copies):

Public docket (PACER): Case No. 2:25-cv-01823-RMG, U.S. District Court, District of South Carolina (Charleston Division). Key entries: Dkt. No. 1 (original complaint); Dkt. No. 16/16-1 (First Amended Complaint, June 9, 2025); Dkt. No. 21 (United States' Motion to Substitute); Dkt. No. 22 (United States' Motion to Dismiss); Dkt. No. 24 (Mace's Motion to Dismiss Bivens claim); Dkt. No. 31 (Musgrave's Motion for Limited Discovery); Dkt. No. 43 (Order, August 20, 2025, Judge Gergel).

News coverage:

Related case hubs on this site: