Eminem might be off hook for song

Aug. 19, 2003 at 10:09 AM

DETROIT, Aug. 19 (UPI) -- A Detroit judge will consider whether to dismiss a lawsuit that claims rapper Eminem defamed a former classmate in one of his songs.

Circuit Judge Deborah Servitto heard arguments from Eminem lawyer Peter Peacock, who filed a motion for dismissal in the case, and from attorney Byron Nolen, who represents DeAngelo Bailey, 32, of Roseville, Mich.

Bailey filed suit in 2001, saying Eminem, 30, slandered him in a song entitled "Brain Damage," the Detroit Free Press reported. The song was part of Eminem's 1999 CD titled, "The Slim Shady LP."

Bailey is asking for $1 million.

The lyrics of that song include: "I was harassed daily by this fat kid named DeAngelo Bailey. An eighth-grader who acted obnoxious, 'cause his father boxes. So every day he'd shove me into the lockers."

Eminem's attorneys said they had police and hospital records that track instances when the rapper was physically injured at school.

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