Federal judge dismisses lawsuit filed by man who appeared on the cover of the Nirvana album 'Nevermind' as a naked four-month-old baby and claimed decades later that the photo constituted child pornography.
of the complaint in January, saying at the time that Elden's lawyers had missed a filing deadline.
In the eight-page ruling Friday, Olguin wrote that the"plaintiff’s action will be dismissed without leave to amend," suggesting that Elden cannot file another version of his complaint. In a statement, however, Elden's lawyers said he"intends to appeal this ruling." The lawsuit centers on a photo Weddle took of four-month-old Elden inside an Olympic-sized pool at the Pasadena Aquatic Center in 1991. The photo was later altered to depict him appearing to chase after a dollar bill pierced by a fishhook."Nevermind" — a rock classic anchored by the era-defining hit singles"Smells Like Teen Spirit" and"Come as You Are" — propelled Nirvana to mainstream success.
Elden has re-created the swimming pool image several times as both a teenager and an adult, donning a swimsuit for photo shoots commemorating the album's
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