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[sundubuman]

GI'S BIG FAT SUIT VS. MOORE

SEEKS $85M FOR 'LYING' 9/11 CLIP

By JENNIFER FERMINO
TWISTED: Double-amputee Iraq vet Peter Damon, yesterday in Massachusetts, says Michael Moore unfairly portrayed him as anti-war in footage showing him suffering in a hospital. Photo: Vincent DeWitt TWISTED: Double-amputee Iraq vet Peter Damon, yesterday in Massachusetts, says Michael Moore unfairly portrayed him as anti-war in footage showing him suffering in a hospital.
Photo: Vincent DeWitt

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May 31, 2006 -- EXCLUSIVE

A double-amputee Iraq-war vet is suing Michael Moore for $85 million, claiming the portly peacenik recycled an old interview and used it out of context to make him appear anti-war in "Fahrenheit 9/11."

Sgt. Peter Damon, 33, who strongly supports America's invasion of Iraq, said he never agreed to be in the 2004 movie, which trashes President Bush.

In the 2003 interview, which he did at Walter Reed Army Hospital for NBC News, he discussed only a new painkiller the military was using on wounded vets.

"They took the clip because it was a gut-wrenching scene," Damon said yesterday. "They sandwiched it in. [Moore] was using me as ammunition."

Damon seems to "voice complaint about the war effort" in the movie, according to the lawsuit.

But what the father of two from Middleborough, Mass., was really talking about was the "excruciating" pain he felt after he lost his arms when a Black Hawk helicopter exploded in front of him.

Damon wasn't expressing any opinion about the war, the suit charges, but rather extolling the drug.

"I just want everybody to know what kind of a guy Michael Moore is, and what kind of film this is," said Damon. He has appeared in two films attacking "Fahrenheit" -"Michael Moore Hates America" and "Fahrenhype 9/11."

In "Fahrenheit 9/11," the bandaged National Guardsman is shown laying on a gurney complaining that he feels like he's "being crushed in a vise. But they [the drugs] do a lot to help it and they take a lot of the edge off it."

His image appears seconds after Rep. Jim McDermott (D-Wash.) says, "You know, they say they're not leaving any veterans behind, but they're leaving all kinds of veterans behind."

Damon - the dad of a 8-year-old girl and 4-year-old boy - doesn't come close to feeling that way.

"He couldn't have picked the worst guy to say that about," he told The Post.

"I'm the most fortunate disabled guy. I've even had a house built for me [by a nonprofit group, Home for Our Troops]."

Particularly outrageous to Damon is the fact that Moore never interviewed him or asked his permission to use the old clip.

"I was complaining about the pain I would've been having [if it weren't for the painkiller]," he said.

NBC is named in the suit - which was filed in Suffolk County, Mass., on Friday - along with Harvey and Robert Weinstein, Miramax Corp., Lions Gate Films and other production companies involved with the picture.

Newsman Brian Williams ends the NBC clip by adding, "These men, with catastrophic wounds are . . . completely behind the war effort," according to the lawsuit.

That part, which wasn't shown in the Moore movie, is a far more accurate depiction of Damon's feelings, he said.

Lawyer Dennis Lynch said he took the case last year and they held off filing the lawsuit in a bid to settle the matter.

"We attempted to resolve the situation amicably with Mr. Moore [for a year] but he refused," he said.

Damon is asking for up to $75 million because of "loss of reputation, emotional distress, embarrassment, and personal humiliation."

In addition, his wife is suing for another $10 million because of the "mental distress and anguish suffered by her spouse."

Spokeswomen for NBC and Harvey and Robert Weinstein would not comment because they haven't seen the suit. Lions Gate doesn't comment on pending litigation, a rep said.

Michael Moore and Miramax reps didn't return calls for comment.

[EFLtrainer]

Unfortunately, he might not ahve a case. I think we should be able to determine how our likeness is used, so he may have a technical point. But, if it's already public domain because he did it for news, well.... he's out of luck.

Logically, he wouldn't appear to have a case because F 9/11 would seem to be using him to show that the war is destroying lives. From the description, I don't see anything that could be said to state the soldier's view on the war.

Should be interesting.

[Octavius Hite]

No case at all, he agreed to be interviewed by NBC news and thus gave up his rights to not have the clip used or sold. And the fact that he's picking out Moore when his beef should really be with NBC for not telling him that they would be selling his interview. I smell Republican desperation.

[TheUrbanMyth]

Whether he has a case or not, I'm sure a half-capable lawyer could make a heart-wrenching play on the jury's feelings by pointing out that this is (a) a war hero (b) a double amputee (c) pointing out what a scumbag MM is.

Other people have got vast sums for less.

About time someone fixed MM's wagon for him.

[Gopher]

Does he have a case?

-- is there a cause of action/are there causes of action?
-- is there sufficient evidence to document this?
-- does his lawyer think he can win an acceptable settlement?
-- does his lawyer think that, in the event no settlement is reached, a suit will be economical and is winnable?

Emotionalism or partisan politics have little to do with the answers to these questions.

[Joo Rip Gwa Rhhee]

I hope he wins his case.

[On the other hand]

Is it alleged that Damon was made to appear to be saying something completely different for what he was actually meant? I mean, was the audience supposed to think that he was directly criticizing Bush when he was just talking about his pain?

If the audience was meant to understand that he was talking about his pain, then I don't think he has a case at all, even if the comments were appropriated as part of MM's overall anti-Bush agenda.

[ddeubel]

I think his case more or less lies in the assertion that he "has suffered" from the portrail.................... I think he has suffered far more in the real world than in this fictional sense. So seems ludicrous to me.

Also, he must show how he suffered financially as well. I can't see the connect. Did everyone start thinking he was a bleeding heart liberal all of a sudden?

After the question of who is maybe liable -- NBC or MM, I think this is the big question. Was he damaged?

I guess this takes the gas out of the old rhyme.

"Sticks and stones
May break my bones
But names will never
Hurt me."

DD

[On the other hand]

[Octavius Hite]

The point is that by choosing to appear on NBC he gave up his right to control his image and he is going to lose. MM and Miramax have a ton of lawyers. MM has beaten, as far as I know, every lawsuit every brought against him. He also doesn't quit, Janeane Garofalo was on his first TV show (TV Nation) and he and show and Garofalo had a huge legal battle over rich people claiming to have private beaches. (The sketch involved her storming the beach ala Normandy only to get arrested by private security gaurds). Anyway MM and the shows producers fought for years and in the end won, he always wins, because unlike others he doesn't break rules.

[Yu_Bum_suk]

If I were Michael Moore I'd offer to bet him $85 million that he couldn't pass a lie detector test saying that if it were March, 2003, and he had a free choice to go back and do it again or not go that he would.

Oh wait, I guess one needs hands to take a lie detector test.

[Octavius Hite]

Well for all the venom spat in his direction, in the end it turned that he was on the right side of history. Saddam had nothing to do with 9/11, there were no weapons of mass destruction, there was no imminant threat, and Bush, Cheney, Rice, Powell, Blair, etc all lied and we know they lied. So you might not like Moore's tactics, but he was right and that probably drives a lot of guys like you and this lawsuit guy nutz.

[TheUrbanMyth]

[Octavius Hite]

1. Saddam may have allowed meetings to take place he didnt allow collaberation.

2. Funny how that Iraqi general spent most of his time on Fox news. And how Rumsfeld went on Meet the Press and said they knew where it was you remember, North South , East, and West of Baghdad and Tikrit. Do you remember that little ditty, I do.

3. I'm sure Joe Wilson would disagree with those news organisations.

[bucheon bum]