D'Angelo Bailey Lawsuit thrown out by judge

MOUNT CLEMENS — A Macomb Circuit judge threw out a $1 million lawsuit Friday filed by Eminem’s elementary school classmate against the rapper for defamation of character.

DeAngelo Bailey of Roseville sued the rapper, whose real name is Marshall Bruce Mathers III, in 2001, claiming his song “Brain Damage” depicted him in a false light. In the song, Eminem says Bailey beat him up regularly in elementary school.

Eminem asked Judge Deborah Servitto to dismiss the lawsuit, which she did.

In her written opinion, Servitto wrote a song saying Eminem’s lyrics about Bailey posed no grounds for a lawsuit.

“The lyrics are stories no one would take as fact/ They’re an exaggeration of a childish act,” Servitto wrote in her 36-line rap. “Any reasonable person could clearly see/that the lyrics could only be hyperbole.”

Bailey, a trash collector, is accused in Eminem’s song of being a bully who shoved Eminem into school lockers and broke his nose on a bathroom urinal at school.

Eminem’s lawyer, Peter Peacock, sought dismissal of the suit because he said the lyrics were true and that Bailey was an opportunist trying to cash in on the rapper’s success.

Eminem’s mother filed suit against the Roseville school district in 1982 over incidents between Bailey and Eminem at Dort Elementary School. The lawsuit was dismissed the following year because of governmental immunity.

Bailey said in court papers he never broke Eminem’s nose or beat or choked him in the school bathroom, like the 1999 song on “The Slim Shady LP” says.

Bailey’s attorney, Byron Nolen, said he was surprised Servitto wrote a rap to explain the case.

“I’m shocked that a judge would do that,” Nolen said.

There is no defamation in telling the truth. It is kind of shocking to hear those sarcastic rhymes.

Eminem’s story is a 100% true.

Bailey, who was two years older, a much bigger guy than him, terrorized him with a group of kids at Roseville Elementary School. About Marshall, D’Angelo says: “He was small, plus he had a big mouth.” According to legal sources (Debbie Mathers sued Marshall’s school), there are four recorded incidents of Marshall getting beaten up.

On October 15th, 1981, he got beaten up, was bruised, and got the wind knocked out of him. The consequences were nausea, abnormal sleepiness and had injuries on his lips and tongue.

Later November 14th, Marshall took another beating. He suffered from insomnia, vomiting, nightmares and antisocial behavior.
And it went on like this on December 21st: Marshall had injuries on his face, head, back and legs after another beating.

But the worst was to come in 1982, on January 13th. Marshall was intentionally hit with a snowball containing a heavy object, was wounded severely while lying on the ground and went into a coma. He also suffered from intermittent loss of vision in his right eye and from an intermittent loss of hearing when he woke up from the coma. When Marshall was transferred to the hospital, the doctors thought he was to die, but Marshall woke up 10 days later, and the first sentence he said was: “now I can spell elephant”. Debbie Mathers tried to sue Roseville Elementary School in 1982, because of Marshall’s head injury. She tried to prove that her son suffered from a lot of post-beating symptoms. But, unfortunately, the lawsuit was dismissed in 1983.

Who was talking about exaggeration?

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74 Responses to D'Angelo Bailey Lawsuit thrown out by judge

  1. Nick says:

    hahaha eminem got his ass kicked

  2. bob says:

    i can spell elephent lol
    good rapper though

  3. Andy says:

    hahahaha D’angelo bailey ( now a trash colector) hahahahha wow dumb fucking asshole deserved it, got pick up trash.

  4. Amber says:

    HAHAHAHA! I am so glad that trash collector thought he was going to make himself a million dollars for beating the crap out of someone! I hope this sends a message to bullies everywhere. Revenge is sweet and karma is a bitch!

  5. Paty says:

    Eminem e muti bom… pena que tenha contecido tantas coisas na vida dele( como essa)…
    + ele e Perfect… Amo as musicas dele!!

  6. maryenne says:

    Nossa. nem acredito que o Eminem tenha sofrido tudo
    isso na época da escola.
    Pois amo ele de paixão
    meu ídolo
    Eminem eu te amo
    I LOVE YOU ?

  7. Marcus says:

    wow, I knew about it , but not at all of it… fur gawsh sake…That’s why he’s the best.. Eminem’s revenge :)

  8. Chip says:

    Are you some weird stalker or something?

    Iloveeminem.com you fucking loser!

  9. Rooga says:

    LOL! Screw Bailey! EVERYTHING IS SHADY’S!

  10. Dwayne says:

    I wonder if the trash collector also inspired Big Weenie…HA!

    …your both green with envy and look like idiots with sunglasses on ‘em…

  11. Alex says:

    what goes around comes around

  12. Joro says:

    D’Angelo Bailey – you son of a bitch !

  13. Dustin says:

    Eminem is still the best
    D’Angelo is a pest
    bitch is a puss messing with slim
    now look no one is better than him

  14. Elizur says:

    Fuck bailey nd yah revenge is sweet nd painful to the one who attacked first.. Em got bac at the MF… he’s my guy nd best at what he does

  15. mario says:

    Bailey was a bitch i met him and asked about the rap he said “yeah its mostly true but i still tried to sue. he was talkin’ bout’ my life to.”

  16. katy says:

    U NO WHAT FUCK ANGELO he deserved it. and haha hes hated by every shady fan in the world. REVENGE!!

  17. HG says:

    Bailey is stupid. Songs are supposed to be true like this. That is why I love Eminem, he is so bold on his records. He is a fucking legend~

  18. matthew says:

    HE IS A TRASH COLLECTOR

  19. insomniatric says:

    Now I can spell elephant?

    Lol wtf?

  20. sam says:

    Hahahahahahahaha eminem is the greatest thing that the world has known… if i see that trash collector i hide behind my bin and fckn rape him like he did to eminem

  21. jessie says:

    ANYONE WANNA HELP ME BEAT UP D’ANGELO BAILEY??? LET HIM FEEL WHAT HE DID TO EMINEM!!!!!!

  22. i dont know what to say he beat em up that bad so he had nightmares he almost died he was put in a coma em really did have a hard life he didn’t deserve that from some fat kid if i ever see or meet this kid i will fucking kill him it makes me so angry all cos he was quiet i wanna fuking kill this motherfucker poor em he had night mares and everythin and he almost died i feel for him so much then he gets protested against and sued 4 times its no wonder he says the lryics he says i have never been so angry in my life i feel really bad for him as if his a trash collecter and ems the most famous rapper ever i love em if i was his girlfriend i would treat him so well and he should be treated really good all the things the poor thing has been through I love you so much em. and d bailey if your reading this i hope you BURN in hell.
    and EMINEM if your readin this i love you so much your my life and i think bout y all the time n you have hepled me through so much and i am your biggest fan I love you em love you loads n loads. XXXX

  23. issahgannee says:

    Poor Eminem.. but that made him who he is right now.. an inspiration..

    so Em’s mom wasn’t that bad after all.. Happy Mother’s Day to her..

  24. Hattle No1 eminem fan says:

    Eminem is fucking ledgend de’anglo bailey is a fat cake munching scum bag I hope he gets battered to death and killed I would be so happy and em you truly amazing keep it up coming harddddd latly inspiration I know all your lyrics of by heart and for that girl who’s thinks she’s the biggest fan email me at n_hattle@live.co.uk and we will do a emibem quiz and i will win I know everything and ems is a lovly woman read her book my son eminem my son marshall mathers its amazing she’s great hope your alright now debbie she had a hard life and yeah he is hated by all em fans witch is almost the whole world now trash collector hahaha wish I lived there he would find a surprise in my bin by the name of tnt explosives lol

  25. fuck you deangelo bailey fucking prick cocksucker go fuckyourself

  26. Woofie says:

    Eminem is da bomb! ^-^

  27. titah says:

    bem feito para o d angelo agora ele é um coletor de lixo,e o EMINEM grande rapper

  28. Eminem #1 fan says:

    d’angelo deseves to rot in hell!

  29. Micca says:

    OMG poor emi :(
    ily ily ily ily ily ily ily ily <3
    well, now i hope the bully is SCARED SHYTLESs! he deserves it :(

  30. shadys BIGGEST fan!! says:

    Angelo is a f^(4!ng prick!!!! eminem sort of reminds me of my best friend, he gets bullied a lot (not as bad as eminem used to though) but my friend dosent think he gets bullied, people shout fucked up shit at him and hit him when ever they get the chance to they dont when im with him just when he’s alone or in his lessons; slim if your reading this help me out here give me some advice. My life long dream is to meet you r at least go to one of your concerts however my family dont have much money so iv still got a LOT of saving to do :/ love you loads and i hope one day my dreams will come true x x x x x

  31. joseph says:

    fuck the guy who bullyed eminem

  32. Max says:

    A. That judge TOTALLY rocks
    B. D’angelo is a fat loser
    C. Eminem is undeniably the greatest of all time. Simple

  33. Tyler says:

    Bailey probly cries every night thinking about Em’s success!

  34. xfactor says:

    baily=asshole

  35. I would like to say fuck you to bailey. I think bailey is just some dumb cock sucking prick who probably thought that it was funny to hurt people. Sorry Em that fuckin sucks for you:(

  36. stefan lyon says:

    fuck de angelo bailey i hope he gets bit by rabbit squirrels with diseases then skinned and thrown into salt, haha fucking trash collector rot in hell

  37. Anyonamous says:

    Fuck d angelo!!!! I heard that after em was hit in da head he was kicked sevaral times in the head. And that when he got home he was bleeding out of his ears. I am so fucking aggravated!!!! Eminem is the fucking greatest person who has walked on earth

  38. sayani says:

    bailey bloody asshole…..deserves picking up trash!!……eminem u rock!!! ur d best!!!

  39. felipe peres says:

    cara… onde arrumo uma foto do bosta do lixeiro q batia no eminem??? quero ver a fece da bosta desse cara!!!! tomara q o filho desse cara sofra tudo o q eminem passou!!!

  40. Jake Diab says:

    D’angelo bailey, how does it feel being a fat fuck? Good, right!? You’re the sickest kid ever, keep taking out that trash and making 7 dollars an hour you fucker. Oh, and that little kid you beat the shit out of in grade school, yeah he humiliated you in front of the whole world. Thanks for coming out though Tubby!

  41. josh says:

    D’angelo bailey you are a mother fucker eminem is the best rapper out there! i hope you go to hell! pick on someone your own size fucker!

  42. toby, slims biggest fan says:

    omg, i wasnt sure if that shit in “brain damage was tru”… well i guess that cocksucking prick faggot cunt slut whore motherfucker can go rot in hell, go swallow ur own cum, bailey!! u deserve to be picking up shit, cause thats what u get if u fuck with eminem. its just weak that people bully others that are like half their size, anyway everyone got what they deserved :)

  43. Eminem is my GOD says:

    Wow! I wish i could slit Bailey’s throat! Eminem is the best I would cry if he was not here today Fuck Bailey! I Love Eminem I wish i could meet him in real life I’m obsessed with Eminem!

  44. bailey is a motherfucker says:

    Bailey i’ma kill you!!Stupid son of a hoe!!go and pick trash.You’re earning 5$ a day and Now EMINEM the guy you bullied is earning atleast 15-20million$ in a year.
    What goes up must come down and you have gone to the gutter
    finger your mother’s pussy
    U deserve picking shit.
    Now FAME IS HITTING EMINEM HARDER THAN YOU DID MOTHERFUCKER!!!!!!
    Eminem is greatest of all time!! LOVE YOU EMINEM PLS COME TO INDIA :)

  45. Burner 'O Baily says:

    Baily, If i was there seeing you bully EMINEM… My head literally would explode. I was reading THIS yesterday, My freind got so angry he punched a hole in the screen. Burn in motherfucking hell baily, eat your mothers shit you cunt. Fuck your dog.

  46. The Ceej says:

    I think it’s poetic justice.

    If Bailey would have ignored it, no one would have known he was even a real person. Now, he sues, the whole past comes out, and he fucked up his own life. But, it’s completely typical of a bully.

  47. Stone says:

    How can a “Trash collector” possibly assert that his “reputation” has been harmed by Slim’s poetry? Let’s face it, it isn’t like Slim derailed his blossoming career by writing about his childhood experiences. Dude! YOU ARE A GARBAGE MAN! Get over it!

  48. fuck all yall and my dad will beat all yall asses bitches

  49. nj says:

    good luck theres about 6,ooo peple that will kick ur as“s

  50. Em Rocks says:

    HAHAHAHA…..Fuckin Jerk Off up here 2 posts above me….deandre bailey….the little bitches son….you gonna grow up to be just like daddy? gonna come pick up my garbage you little faggot….karma is a bitch huh?…Em and Hailie get to live the life of luxury while you and daddy get to clean up after them…..HAHAHAHA…..Go fuck yourself Deandre and tell your Dad to come get my trash…..He isn’t beating any of our asses, in fact maybe you little punk ass bitches should go change your names…..There are a millions of Eminem fans that would probably like to come give your daddy whats coming to him and only two of you……Fuckin Bitch Ass Punk!!

  51. Em Rocks says:

    One more thing….I just got done searching this fat fuck on the internet trying to find a picture or something but instead I came across his sons Facebook page….Yes Deandre Bailey is a huge fat fuck too, just like daddy. Hey Deandre, dude you I saw on your Facebook that you said you are going to play football in college but need to keep your grades up. Well buddy, how about we start with the spelling….First off, school is not spelled skool, conditioning is not spelled coditioning, tomorrow is not spelled tomarrow, practice is not pratice, committed has two M’s and two T’s. And come on dude, either you sell drugs, hit the lottery, or you are full of shit because there is no way that you can afford a Benz or an outfit where the cheapest thing you are wearing is a $400 belt.

  52. Andrew says:

    Haha this goddamn bullshit is funny

  53. Andrew says:

    Deandre Bailey is a trash picking crack head that looks like a piece of shit, and i hope he kills himself for being an atomic dumbass, and he will never amount to nothing in life except a lawn mower and some nasty looking grass that bitch has to cut.. Now go on with your worthless shitty life deandre bailey and go suck your queer dads cock you childish faggot.. I hope you die and burn in hell for the rest of your life and i hope people make fun of you in hell for being a dumbass

  54. Eminem says:

    Mr Bailey was an as.shole in the school, he deserve to be a trash collector. There is a fate for everyone.

  55. truesoldier24 says:

    http://www.facebook.com/deangelo.bailey2?sk=wall

    link to deangelo’s facebook^ fuck this faggot ass bitch of a garbage man bet you wish you wouldn’t have fucked with Em now huh bitch

  56. Becca says:

    Fuck D Angelo He betta be glad ALL Eminem did was make a diss track!!He should put a bullet in his back!!!EMINEM FAN TO THE FULLEST!!!

  57. Becca says:

    I do want to say ThankS To You Eminem Came out Spitten Sick Shit We all love today!!!!!

  58. d angelo stinks says:

    These comments are so funny lol we should thank d angelo bcuz he inspired one of ems best songs. too bad bailey is a bitch cuz he picks on little guys, pick on someone your own size bitch!!

  59. jim says:

    why are you bitches talkin shit to a kid for what his dad did? get a fukin life and stop suckin eminems dick!

  60. Bailey is a Bitch says:

    I find it hilarious that a bully tried to sue because of deflamanation of character, for HIS actions.
    Probably didn’t help that the school had record of the ordeal and Em’s mom tried to sue.

    God people as dumb as this twat make me wish there was more chlorine in the cest pool.

    Then we have his offspring stupidly defend him, thus proving the need for MORE chlorine….His son could have not posted at all, or if he felt inclined, could have acknowledged that his dumbass father was in the wrong and didn’t deserve a dime. Being a bully deserves horrible punishment and far worse than being called out on a song. At least I’m happy to know that he Bailey amounted to nothing more than a trash collector (burger flipper would have been even better lol) who gave birth to an obviously retarded son. Deangelo Bailey: The poster child for success and the american dream, ha!

  61. itsjustmindz says:

    Heya i’m for the primary time here. I found this board and I in finding It really useful & it helped me out a lot. I am hoping to give something again and help others like you helped me.

  62. Tori says:

    First off, let me say even though I’m not a big Eminem fan, I’m horrfied about this whole ordeal. Reading all the things that this man did to Em as a child is beyond bullying, it’s like an act of murder in my book. And I know what it’s like to live day by day with people phyical and mentally bullying you because of God knows what. When you think of bully you think of being shoved into lockers, called harsh names, and maybe a black eye. This was about a little boy (at the time) losing his vision, being put into a coma, and having other phyical problems that shouldn’t have to be. Even if Em, had a “big mouth” as this man claims it is no excuse to do what he did. Reguardless if he was a child or not. Mr. Bailey if you ever read this, may I ask you? Did he bother you personally? Did he curse you out? Did Em wear something you didn’t like? What was your problem? I know what it was, It was the idea thinking you were Mr. Hot shot, pratically killing a young boy who had enough problems going on at home. It’s people like you, who turn my insides out, and cringe. I can only imagine the pain and suffering Em must feel everyday from the mental scares you’ve caused. I only hope that one day Eminem will find peace in all this. Just because Eminem is a hip-hop artist doesn’t mean he’s not human, he is. BTW, I’m a big mouth too! Whatcha gonna do about? I’m also a young lady, Whatcha still gonna do about it?

  63. Markdkh says:

    Baileys just a guy lol i bet he wouldnt be gettin so much shit for this if eminem never became famous. i know someones prolly gonna try to give me shit for sayin that. but you cant. because you suck. because ive been an eminem fan all my life. so suck a DICK. haha. and to the “Eminem” that posted a comment, stop trying to be eminem. lol.. thats just idiotic and weird.. haha..

  64. Gsat says:

    Haha so fucking funny he got made a fool of for being a dipshit. Hope you like picking up trash. How is your sons apprenticeship doing?

  65. Stillshady says:

    Seriously guys stop attacking the son for what the father did!
    Anyway, this just goes to show that what goes around, comes around. That asshole was a bully in school and beat up Eminem, now he’s a trash collector and Em is one of the biggest, most respected artists in the world. HA.

  66. The Simple Irony says:

    Okay, so let me get this straight. This DeAngelo kid beat the shit out of Eminem as a child, caused him severe physical damage, and probably ruined his self confidence and esteem as a child. And later on when Eminem mentions him in a song for repeatedly bullying him and harassing him (which he did) he sues him for 1 mil? And as far as the lyrics goes, even though DeAngelo didn’t specifically do EXACTLY what Eminem mentioned in his song, he actually caused much more damage in real life (the bullying mentioned in the article). Does anybody else see the irony in this situation? And even though DeAngelo didn’t receive the “compensation” that he wished, what really gets to me is that this bully actually believes that what he did deserves a lawsuit on his side for compensation for the damage Eminem caused to HIM. *facepalm*

  67. Trey smith says:

    Deandre and deanjelo are bitches

  68. Trey smith says:

    Deandre and deanjelo suck cock

  69. nameless says:

    I know that there was an issue between deangelo and Eminem, but the guys son wasn’t in it. Don’t tell him he should kill himself just cause of what his father did. and I know he shouldn’t have posted what his posted, but just ignore it. There’s already enough fighting going on in the world.

  70. anonymous says:

    here is the full rap from servitto:
    Mr. Bailey complains that his rap is trash
    So he’s seeking compensation in the form of cash
    Bailey thinks he’s entiteled to some monetary gain
    Because Eminem used his name in vain

    Eminem says Bailey used to throw him around
    Beat him up in the john, shoved his face in the ground
    Eminem contends that his rap is protected
    By the rights guaranteed ny the first amendment

    Eminem maintains that the story is true
    And that Bailey beat him black and blue
    In the alternative he states that the story is phoney
    And a reasonable person would think it’s baoney

    The Court must always balance the rights
    Of a defendant and one placed in a false light
    If the plaintiff presents no question of fact
    To dismiss is the only acceptable act

    http://www.thesmokinggun.com/file/judge-raps-eminem-accuser?page=12

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