Spencer Elden, who appeared as a naked baby on the cover of Nirvana’s classic 1991 album ‘Nevermind’, had filed a lawsuit against the band. Previously, Spin magazine reported, that a judge dismissed the lawsuit. Now, Rolling Stone reported that a judge has dismissed the third version of the lawsuit against the band filed by the man who claims he was the baby featured on the cover of the band’s “Nevermind“ album.
Judge dismisses the lawsuit against Nirvana
In a decision on Friday, U.S. District Judge Fernando Olguin in Los Angeles said Spencer Elden waited too long to claim the photo of the baby reaching for a dollar in a swimming pool violated federal child pornography statutes and argued child sexual exploitation. Elden also claimed the image on the cover was taken and used without his consent. Olguin’s dismissal prevents Elden from filing a fourth version of his complaint.
“In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely,” Olguin wrote in the eight-page ruling.
The judge continued: “Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”
Lawyers for the band’s estate – surviving members Dave Grohl and Krist Novoselic; Courtney Love, Cobain’s widow and executor; and Kirk Weddle, the photographer of the cover image – said Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”, recreating the image on the album’s 15th and 20th anniversaries, and tattooing the album’s title on his chest