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Posted by Robert
Rap News Network
5/9/2005 9:50:16 AM

Tags and topics realted to this article include Eminem.

The Michigan man who admits he "picked on" rap artist Eminem back in grade school has come up short in his bid to sue the now famous rapper over a song that he claims depicted him in a false light.

 

The Michigan Court of Appeals refused to reinstate plaintiff Deangelo Bailey's suit after finding that the 1999 song "Brain Damage" should not be interpreted as a literal depiction.

 

"Examined in the context of the song lyrics as a whole, the defendant's story contains a number of signals that would convey to a reasonable person that it should not be taken literally," the unanimous court said.

 

Bailey sued hip-hop star Eminem, whose real name is Marshall Mathers III, in Michigan state court in 2001 for invasion of privacy, claiming that "Brain Damage" publicized false, negative information about him.

 

Although Bailey has admitted in interviews that he picked on the rapper in the fourth grade and that he was part of a group that did "bully-type things," according to court records, he maintains that he never did anything to the extent of the acts depicted in "Brain Damage."

 

Eminem says in the song that Bailey "banged my head against the urinal til he broke my nose/Soaked my clothes in blood, grabbed me and choked my throat."

 

Throwing out the suit in 2003, Macomb County Circuit Judge Deborah Servitto composed a rap of her own for her decision.

 

"The lyrics are stories no one would take as fact/they're an exaggeration of a childish act," Judge Servitto wrote. "It is therefore this court's ultimate position/that Eminem is entitled to summary disposition."

 

The Court of Appeals, although choosing not to write its own rap, upheld Judge Servitto's decision in a 3-0 ruling.

 

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