The dismissal came after Elden’s attorneys did not file an opposition to the defendants’ motion to dismiss by a Dec. Olguin on Monday granted a motion to dismiss the suit from the defendants, who include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain, but left the door open for plaintiff Spencer Elden to refile an amended version. Just five years earlier, he recreated the photoshoot for the album's 25th anniversary: ANGELES - A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a 4-month-old on the 1991 cover of Nirvana’s “Nevermind” album is child pornography. Spencer Elden, who was famously photographed as a baby for Nirvana's Nevermind album cover, is suing the band for child sexual exploitation. His attorneys said that the image of him as a four-month-old baby swimming underwater with a dollar bill in front of him was pornographic and he had suffered “lifelong damages” as a result.Īn amended complaint said that he endured “lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at the trial of this matter.” What is the Complaint?ģ1-year-old Elden alleged “commercial child sexual exploitation” against the iconic grunge band Nirvana. However, according to CNN, Elden’s lawyer has said that he plans to appeal the dismissal. “We are pleased this meritless case has been brought to a speedy final conclusion,” says Bret Deixler, a lawyer for the defendants. Elden had filed three versions of his complaint, and Judge Olguin’s latest dismissal prevents him from filing a fourth.

Nirvana nevermind cover.