Nevermind Baby Spencer Elden Refiles Lawsuit Against Nirvana

Nirvana’s Nevermind is one of the most iconic albums of all time, especially among teenagers. A lawsuit was filed by the naked baby on the cover, who grew up, changed his mind, and decided to file a lawsuit. Spencer’s lawsuit was dismissed a few days ago, but he has now refiled it.

Spencer Elden, the guy who appeared as a baby on Nirvana’s Nevermind album art, has refiled his case against the band, claiming that the image constituted child pornography. Elden’s original complaint was rejected by a judge on January 4. The judge dismissed it after Elden missed the deadline to object to Nirvana’s lawyer’s request.

Nirvana’s estate requested that the lawsuit be dismissed since the statute of limitations had expired in 2011. The lawyers argued about Elden’s history of taking advantage and proudly claiming to be the “Nirvana Baby.” Elden has already taken part in several photoshoots to commemorate the album’s anniversaries.

Elden was given a deadline of January 13 to modify the suit. He refiled the claim on January 12, according to court records obtained by The A.V. Club and initially obtained by Deadline. Elden’s attorney, Robert Lewis, presented his arguments for his client’s claim in the lawsuit.

“knowingly possessed, transported, reproduced, advertised, promoted, presented, distributed, provided, and/or obtained child pornography depicting Spencer, who had not attained the age of 18 years when this image was printed on the cover of Nirvana’s Nevermind album.”

Furthermore, Lewis claims Kurt Cobain’s journal writings as “evidence” that the band had pedophilic intents with the album art, using the following passage as an example.

“I haven’t masturbated in months because I’ve lost my imagination. I close my eyes and I see my father, little girls, German Shepards & TV news commentators, but no voluptuous, pouty lipped, naked-female sex kittens, wincing in ecstasy from the illusory positions I’ve conjured up in my mind. No, when I close my eyes I see lizards & flipper babies, the ones who were born deformed because their mothers took bad birth control pills. I’m seriously afraid to touch myself.”

According to The A.V. Club, with Elden’s new deadline, Nirvana’s estate now has until January 27 to respond to the refiled suit. Let’s see whether the lawsuit gets dismissed again. Keep an eye on Thirsty for updates.

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