Fourth time’s a charm? Maybe?
Spencer Elden was photographed for the iconic cover of Nirvana’s Nevermind as a four-year-old. In recent years, he has tried multiple times to get a lawsuit rolling against the band for child pornography. Back on September 2, a judge dismissed his third filing of the lawsuit and according to Spin, Elden is set to appeal the ruling.
In the suit, Elden is seeking monetary damages from the band for ‘extreme ongoing psychic or emotional injury’ related to his appearance on the cover of Nevermind.
“Courts have repeatedly held that distribution of child pornography infringes a victim’s dignity interests no matter the victim’s age at the time of distribution,” Elden’s attorneys stated in regards to the refile.
They also state that Elden “is aware that Appellees are commercially exploiting the frontal nude image of him as a four–month–old child to sell a[n] album to millions of people (many of whom he does not know) around the world,” the appeal said. “This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction. Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”
In the initial ruling of the case, U.S. District Court Judge Fernando M. Olguin, the judge stated, “In short, because it is undisputed that [Elden] did not file his complaint within 10 years after he discovered a violation . . . the court concludes that his claim is untimely.” He added: “Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”
It should also be noted that Elden, for a long time, has taken his appearance on the cover in stride, recreating the cover well into his adulthood.
We’ll see how the appeal works out for Elden.