Nevermind baby Spencer Elden refiles lawsuit after dismissal
Recently a judge dismissed the lawsuit against Nirvana by Spencer Elden, the baby on the Nevermind cover. Elden is back and he has filed a second amended complaint that will seek damages from Nirvana and the defendants.
As obtained by SPIN the second amended complaint says â€œdamages arising out of each Defendantâ€™s violations during the ten years preceding the filing of this action and since of federal child pornography and commercial child exploitation statutes.â€
The suit names Nirvana, Universal Music Group and photographer Kirk Weddle as defendants. Spencer Elden is seeking damages of $150,000 per defendant and attorney fees. The suit also claims Elden is seeking damages due to â€œinjuries Spencer Elden (â€œSpencerâ€) sustained during the ten years preceding the filing of this action. Injuries he has sustained since then. Again, the suit claims it has had â€œongoing commercial child sexual exploitation of himâ€. The second amended complaint only focuses on the past 10 years. The sex trafficking claim was removed.
Earlier this month, on Jan. 3, Judge Fernando M. Olguin dismissed the case after Elden's legal team missed a deadline to respond to a dismissal request. However, in making his ruling, Olguin did so "with leave to amend," which allowed Elden another chance to refile an amended complaint against Nirvana by a new deadline of Jan. 13.
"Plaintiff is cautioned that failure to timely file a second amended complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply". the current ruling stated.
Eldenâ€™s attorney, Robert Y. Lewis, provided SPIN with the following statement.
â€œMarsh Law Firm filed a Second Amended Complaint in Spencer Eldenâ€™s ongoing case against Nirvana, Universal Music Group, and others. These revised and updated pleadings include critical new information about the creation of Nirvanaâ€™s controversial Nevermind album cover. These documents reveal images and materials which expose the Nevermind creatorsâ€™ deliberate choices to commercialize and exploit the sexually explicit photo lasciviously depicting Spencerâ€™s genitals.
â€œThis unprecedented album cover is perhaps the first and only time a childâ€™s full-frontal nudity has been used to sell a product. Spencerâ€™s image constitutes child pornography and each of the Nirvana Defendants robbed our client of his dignity and privacy. As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, our client will continue his pursuit for awareness and accountability.â€
Nirvana has until January 27 to reply to the refiled suit.
In addition in just 2016 Spencer Elden reposed for the Nevermind cover. Maybe in 5 years time, Spencer Elden will pose for the 35th anniversary NFT edition and make 25 Ethereumâ€¦valued at $625,000