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?

  1. Stone’s avatar

    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!

  2. deandre bailey’s avatar

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

  3. nj’s avatar

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

  4. Em Rocks’s avatar

    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!!

  5. Em Rocks’s avatar

    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.

  6. Andrew’s avatar

    Haha this goddamn bullshit is funny

  7. Andrew’s avatar

    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

  8. Eminem’s avatar

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

  9. truesoldier24’s avatar

    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

  10. Becca’s avatar

    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!!!

  11. Becca’s avatar

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

  12. d angelo stinks’s avatar

    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!!

  13. jim’s avatar

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

  14. Bailey is a Bitch’s avatar

    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!

  15. itsjustmindz’s avatar

    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.

  16. Tori’s avatar

    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?

  17. Markdkh’s avatar

    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..

  18. Gsat’s avatar

    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?

  19. Stillshady’s avatar

    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.

  20. The Simple Irony’s avatar

    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*

  21. Trey smith’s avatar

    Deandre and deanjelo are bitches

  22. Trey smith’s avatar

    Deandre and deanjelo suck cock

  23. nameless’s avatar

    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.

  24. anonymous’s avatar

    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

  25. Anonyboy’s avatar

    @Nick (the v first answer):
    stfu you stupid faggot, even if you don’t like eminem the things that happened in this story are nothing to laugh at. you’re probably some suburban bitch-ass punk who’s never been bullied in his happy little fairy life, dumb asshole. kill yourself

    and HAHAHAHAHA i bet it really sucks to be bailey now, because of em’s song brain damage bailey couldn’t begin the rap career he wanted to begin, so he could have been some rich, super famous, happy lived rapper, but instead he’s an infamous, hated, trash collector that has to work his ass off for $1.50 a month…. and that was ALL for bullying em at school LOL. what goes around really does come around, in every case. but, even though deandre (his son) is a fat fucking retard, we shouldn’t be hating him for what his dad did, instead we should hunt bailey with pitch forks and track the motherfucker down, tie him to a chair and slowly torture his ass to death… not saying i’m gonna do that, just saying i’d like to…

    but let’s look on the bright side, em won in the end, because he’s living it large while bailey cleans up after him everyday then goes home to the gutter he probably lives in. HA. bullies may think they’re the big shots at the time but after everyone leaves school, it all changes over……

  26. Anonyboy’s avatar

    i’ll bet deangelo and deandre (because they obviously sleep in the same bed) cry themselves to sleep everynight, and get haunted by every em song they hear on the radio LOL

  27. alwaysaneminemfan’s avatar

    HAHAHAHAHA! Just got done reading all these comments, so damn funny. Deangelo and Deandre are straight bitches! “My dad will beat all of your asses” Well come get some then bitch! I’m down for the whole pitch fork thing too lol

  28. Gabrielle Bailey’s avatar

    Bitch my brother bout to go to the NFL fuck you mean doe. My brother is a little fucking boy but me i’m a grown ass lady talk to me like that not him. He is not accountable for my daddy actions at all and funny you say he not gone be a garbage man he will be successful and showing you fucking on haters on here that. Yall talking bout a fucking child that wasn’t even born and funny cause we like Eminem music we don’t have shit to do with the fucking past you dumb ass in mature idots. By that being said fuck what you saying it is irrelevant

  29. Gabrielle Bailey’s avatar

    Lmao he’s not a trash man sweeties he’s a business man now but hey say what you want to

  30. Trash is trash’s avatar

    whatever your brother was the top dog in his elementry school but now he is dealing with trash. Talk shit over the net all you want but trash is still TRASH!

  31. Theresa’s avatar

    I have always been a fan of Eminem because he is not afraid to speak his mind, like it or not. It is obvious that Eminem still suffers from the trauma he went through as a child at the hands of this bully. I am certain that it was therapeutic for him to write about it in this song. Unless you have been bullied, you can’t imagine how it crushes your self esteem, makes you fear walking outside alone, going to school, you suffer nightmares etc etc. These bullies sleep very well at night because they were raised totally void of emotion. They generally continue the cycle with their children. Their children aren’t raised correctly. If the bully was a real man, he would take his kids aside and tell him that he really screwed up as a child and bullied kids that were not as big as him because it made him feel good and that it was sick, twisted and wrong. He should tell them that they should never bully someone ever because it will stay with them forever. Instead of fessing up about the crimes he committed against a smaller child, he decided to sue the one who suffered from the bullying because he is ignorantly and the cycle continues. I don’t blame the bully’s children, they didnt ask for a dad who has never taken responsibility for his behavior, however, instead of responding to these posts by being ignorant, maybe you should be pulling your dad aside and asking him why he felt that it was ok to brutalize a child that was an easy target. Ask him why he has never apologized and admitted he needed therapy as a child because he had sick tendencies. Perhaps he is in need of therapy even now! As far as him being a garbage man. Someone has to do it. As long as you are making an honest living you should be proud of whatever it is you do. I have to say though that karma is a great thing. Weaker child gets bullied having to put up with the bully’s crap daily….bully suffers no consequences and puffs his chest out…..Marshall grows up to be Eminem, a multi million dollar artist……bully grows up and becomes a garbage man, therefore having to put up and pick up EVERYONE’S crap! He picked the wrong kid to bully! How embarrassing it is to be him!!

  32. i hate bailey’s avatar

    stupid em is right f*** you bailey

  33. Patrick .T. Siebold’s avatar

    finally heard the songs takes a minute for my Brain to place the. Moment Dang 14 years Flew By .. Hows the Giagantic Mansion u get. Im almost 30. All. Year ive had. These trippy
    Daydreams this Time I live an most my youth i could see. The end. But now i dont i see lot of honest intentions an good ideas .. if you think about. It hit me up i figure ahy npt ask closed mouth dont get. Fedd an if i dont speak up like now it would be a lose. I think therefore i am… Thats 14 bad ass years … your stlill putting down.. thanks for the music i appreciate. It

  34. Sebbie’s avatar

    He wasn’t just a trash man he is a wannabe rapper. If anything you’d think being mentioned in an eminem song even negatively would really help you so yeah he was full of it.

  35. An actually thoughtful response’s avatar

    Jesus Christ people, this is a human being you’re talking about. All of you are so quick to claim Eminem is a victim and that his actions were justified but keep in mind that our love for Em as an artist tends to cloud our judgement here. The fact of the matter is that no one besides Em and Dan will ever no what went down when they were kids regardless of whatever documentation there is or whose side of the story is told: Dangelo was indeed defamed in the song. For something he did as a CHILD, at that (just stop and think of the insensitive things we’ve ALL done as children, unaware of the serious harm these actions may furnish in the future). I’m not saying Em is in the wrong for still being angry but using actual names in his music crosses the line between artistry and a serious threat. The judges choice to dismiss the lawsuit in rhyme form is enough evidence to suggest that her judgement, too, was clouded by Eminem’s status in this case. By gathering together and bashing this man on the internet you’ve all proven just as thoughtlessly cruel as the very kid whose name Eminem decries in the song. Idiots.

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