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Posted by Robert
Rap News Network
4/15/2005 10:44:15 AM

Tags and topics realted to this article include Eminem.

A school bully who became the subject of an Eminem song lost his appeal today in a slander lawsuit against the hip-hop megastar.

The Michigan Court of Appeals today upheld a Macomb County judge’s decision in 2003 to dismissed DeAngelo Bailey’s lawsuit against Eminem, whose real name is Marshall Mathers III.

Bailey’s ditty "Brain Damage" from the "Slim Shady LP" CD said: "I was harassed daily but this fat kid named DeAngelo Bailey. An eighth grader who acted obnoxious, cause his father boxes. So every day he’d shove me into the lockers. And he had me in the position to beat me into submission. He banged my head against the urinal until he broke my nose. Soaked my clothes in blood, grabbed me and choked my throat."

Bailey sued saying he had been slandered and also cited a 1999 Rolling Stone interview in which Eminem said: "Everything in the song is true."

The three-panel Court of Appeals agreed with Macomb County Judge Deborah Servitto when she ruled that: "any reasonable person could clearly see that the lyrics could only be hyperbole."

It didn’t help that Bailey admitted he was a bully in school and picked on Eminem, the appeals court said.

"A reasonable person could interpret the uncontested facts indicating that plaintiff, individually and as part of a group, bullied defendant," the panel of judges wrote. "The sting of the song lyrics rests in their characterization of plaintiff as a bully, rather than the specific factual allegations about the bathroom assault."

The judges involved are William Whitbeck, Brian Zahra, and Donald Owens.

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