Judge Dismisses Child Sexual Exploitation Lawsuit From Nirvana’s ‘Nevermind’ Baby

September 4, 2022

Content warning: This article discusses child sexual exploitation.

The child sexual exploitation lawsuit filed by Spencer Elden, the baby photographed for the cover of Nirvana’s 1991 album Nevermind, has been dismissed by a US judge. As Billboard reports, Judge Fernando M. Olguin ruled that Elden’s claims were past the ten-year statute of limitations for federal child pornography laws.

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“Because it is undisputed that plaintiff did not file his complaint within ten years after he discovered a violation that could form the basis for his [child pornography] claim, the court concludes that his claim is untimely,” Olguin wrote in his findings.

Elden filed a lawsuit against Nirvana members Dave Grohl and Krist Novoselic, Courtney Love and the estate of Kurt Cobain, photographer Kirk Weddle, and the related record companies in August 2021. Elden sought damages for “violations of federal criminal child pornography statutes” and alleged that he sustained continued injuries as a result of the accused parties’ “commercial child sexual exploitation” of him.

Elden’s lawsuit also alleged that the defendants “failed to take reasonable steps to protect Spencer” and that they “continue to benefit from their participation in Spencer’s commercial sexual exploitation.”

The lawsuit was originally dismissed in January 2022 following an updated filing the previous November, but the claim was re-filed by Elden again in January. Although the dismissal from Judge Olguin prevents Elden from filing the lawsuit again, Billboard notes that Elden’s lawyers have the ability to appeal the ruling.

Bert Deixler, a lawyer for Nirvana, was quoted by Reuters as saying, “We are pleased that this meritless case has been brought to a speedy final conclusion.”