LOS ANGELES (CelebrityAccess) – The weird saga of the ‘child pornography’ lawsuit filed against legendary grunge act Nirvana‘s surviving members and several associates has ended.
The lawsuit was filed by Spencer Elden, who appeared on the cover of the band’s diamond-certified 1991 album Nevermind. Elden, who is in his 30s, was the baby that adorns the album’s cover and filed suit in August of 2021.
In the original filing, Elden claimed that the album cover had been taken without his consent and that his legal guardians did not offer their consent for the photograph. He said the photo, which shows his exposed genitalia as a baby, has caused him “lifelong damages.”
Elden had previously stated his father was initially compensated for the photo. According to the defendants, Elden had also repeatedly profited directly from his role in the cover art over the years. He was even recreating the picture for a fee and having Nevermind tattooed across his chest.
In November 2021, Elden amended the lawsuit, narrowing the defendants while also stating claims of alleged child sex trafficking claims – concerning his photography sessions as an infant.
In January 2022, his suit was dismissed as a judge granted the defendant’s motion for dismissal after Elden and his legal team failed to respond to a request for dismissal in a timely fashion.
Later that month, Elden once again amended the lawsuit. Per a final ruling handed down Friday (September 2), US District Judge Fernando Olguin has ruled that the case once again be dismissed with prejudice. That ruling means that Elden will not be able to file the same complaint again. The judge cited concerns over the 10-year statute of limitations having far been exceeded regarding Elden‘s claims.
Bert Deixler, a defendant’s lawyer, told Reuters, “We are pleased that this meritless case has been brought to a speedy final conclusion.”
