Eminem Wins Bully Suit

A bully who admits to picking on Eminem when they were schoolmates cannot sue the rapper over a song that depicts his bad behavior as a brain-jarring attack, a Michigan state appeals court said.

The lawsuit, filed by sanitation worker DeAngelo Bailey, was dismissed by a three-panel judge April 15th. It was decided that the song “Brain Damage,” from 1999’s The Slim Shady LP, was not intended to be taken literally.

The appeals court upheld a 2003 decision by a Macomb County judge to dismiss the suit.

Eminem, whose real name is Marshall Mathers III, raps in the song that Bailey beat him up in a school bathroom, banging his head on a urinal and choking him. Bailey, however, said he merely “bumped” the rapper and threw a “little shove.”

Bailey sued in 2001, accusing Mathers of invading his privacy by publicizing unreasonable information that put him in false light. He also reportedly said the lyrics damaged his reputation and impeded his ability to launch his own music career.

The court cited partial lyrics from the song, and said they would not be taken literally by a “reasonable listener.”

In addition, Bailey failed to present a genuine factual issue in the suit, the court ruled.

Bailey’s attorney, Byron Nolen, said he wasn’t surprised by the decision and will not appeal.