Marlon Wayans Wins Lawsuit After Making Fun of an Extra on Twitter
Marlon Wayans Sued After Making Fun of an Extra on Twitter
Update (Monday, January 5th, 2014): Marlon Wayans wins the lawsuit after the judge says the extra looked like Cleaveland Brown. The guy who sued Marlon Wayans for putting his picture on Twitter and comparing him to "Family Guy" character, Cleveland Brown just got his case thrown out of court because he looks like Cleveland Brown. Pierre Daniel claims Marlon racially harassed him on set of "Haunted House 2" by posting a side-by-side photo of him with the cartoon character, captioning it, "Tell me this n**** don't look like ... THIS N****!!! Ol Cleveland Brown ass lookin." The judge also said Marlon's stock in trade is stereotypes, and it's freedom of speech. Despite the case against Marlon is no longer an option for Pierre, the lawsuit against the production company is moving forward. Marlon tells TMZ, "I am grateful that the judge upheld our constitutional rights of free speech. It's the first amendment and probably the most important for a comedian. This is also a stride toward protecting public figures from often bogus claims and lawsuits. I am grateful now if you'll excuse me I'm gonna go watch reruns of the Cleveland show." Marlon Wayans is facing a lawsuit after comparing an extra to Cleveland from 'Family Guy'. (August 27, 2014): According to reports, Marlon Wayans is in legal trouble for tweeting a picture of an extra on his feature film 'Haunted House 2' and Cleveland Brown from Family Guy.Tell me this nigga don't look like... THIS NIGGA!!! Ol cleveland Brown ass lookin @ahhmovie 2 @whatthefunny I'm hurt… http://t.co/l9XnAenR5U
— marlon wayans (@MarlonWayans) September 4, 2013
It looks as though the lawsuit goes beyond the Cleveland Brown tweet. According to the Hollywood Reporter, Pierre Daniel was fired after complaining that "he was subjected to repeated offensive language about his African-American race."
Here are the details surrounding the lawsuit
Daniel, represented by attorneys at Reisner & King, cites the tweet in building a case he’s been harassed, discriminated and retaliated against in his employment. But one African-American suing another for discrimination isn’t the only thing that’s eyebrow-raising here. Here’s three more claims made about the tweet above:
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Misappropriation of name and likeness: The lawsuit alleges that Wayans took Daniel’s picture and put it up without consent. But it’s the way that Wayans allegedly gained advantage from doing this that is somewhat novel. According to the complaint, “Wayans’ insertion of ‘@ahhmovie 2? is a direct reference to the movie, Haunted House 2, thereby providing evidence that this post was used for promotional purposes. Therefore, Defendants gained a commercial benefit by using Plaintiff’s name, likeness, or identity, as they intended to promote/advertise their upcoming movie, The Haunted House 2.”
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Invasion of privacy of false light: This is tantamount to a defamation claim. How is it supported? According to the complaint, “By referencing Plaintiff as Cleveland Brown, the comparison drew inferences of Plaintiff possessing the same traits as Cleveland Brown, including being slow and having physical and emotional problems, thus showing Plaintiff in a false light.”
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Breach of quasi contract: Daniel appears to assert that he posed for the photograph with some expectation that he’d be compensated for his role in the promotion and distribution of the movie. According to the complaint, “As such, an implied-in-law contract (quasi-contract) existed as a result of Defendants’ use of Plaintiff’s photograph to advertise their upcoming movie, Haunted House 2.”
