Eminem's Tormentor Sees Case Thrown Out; Judge Raps Her Decision

Dismissal comes just two days before a trial was set to begin.

A Macomb County Circuit Court judge has a message for Eminem's childhood bully DeAngelo Bailey: Rhyme doesn't pay.

Judge Deborah Servitto dismissed a $1 million defamation lawsuit against the rapper on Friday in Michigan, according to a court spokesperson. Servitto reasoned that because the verbal jabs at Bailey occurred within the context of song, they were not to be taken as fact.

Bailey, 32, filed the suit in December 2001 against Eminem, claiming that the song "Brain Damage," from the rapper's The Slim Shady LP, invaded his privacy and slandered him (see "Alleged Bully From Eminem's 'Brain Damage' Files $1 Million Suit"). Among the potentially damaging lines were, "I was harassed daily by this fat kid named DeAngelo Bailey / An eighth grader who acted obnoxious 'cause his father boxes/ So every day he'd shove me in the lockers/ One day he came in the bathroom while I was p---in'/ And had me in the position and beat me into submission."

Judge Servitto submitted a rap of her own as a footnote to her 13-page written opinion. "Mr. Bailey complains that his rep is trash/ So he's seeking compensation in the form of cash," she wrote. "Bailey thinks he's entitled to some monetary gain/ Because Eminem used his name in vain/ The lyrics are stories no one would take as fact/ They're an exaggeration of a childish act/ It is therefore this court's ultimate position/ That Eminem is entitled to summary disposition."

The dismissal comes just two days before a trial was set to begin.