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udge dismisses suit against Michael Moore 
Iraq war vet claimed image without permission in 'Fahrenheit 9/11'

A federal judge threw out an Iraq war veteran's lawsuit Wednesday that claimed filmmaker Michael Moore used a clip from a television interview without the veteran's permission to falsely portray him as anti-war in Fahrenheit 9/11.

Sgt. Peter Damon, a National Guardsman, was seeking $85 million (U.S.), claiming "loss of reputation, emotional distress, embarrassment, and personal humiliation" due to his appearance in Moore's 2004 documentary criticizing the Bush administration and the war in Iraq.

Damon, 34, who lost his arms when a tire on a Black Hawk helicopter exploded while he and another reservist were servicing the aircraft, claimed Moore never asked for his consent to use a clip from his interview with NBC's Nightly News.

But a lawyer for Moore argued in court Wednesday that the film did not attribute any political viewpoint to Damon and did not defame him.

U.S. District Judge Douglas Woodlock ruled immediately, and threw out the lawsuit. He said anyone watching Damon's brief appearance in the film would not believe Damon shared the anti-war and anti-Bush views that Moore expresses in him film. Woodlock also agreed Moore did not defame Damon by showing a brief clip from an interview he did on NBC Nightly News. He said the First Amendment gives Moore wide leeway in expressing his political opinion in his films.

Damon said he was disappointed, but glad he filed the suit.

"We took the action not only to hold Michael Moore accountable but also to clear my name and to let everyone know that I do not hold the same positions as Michael Moore on the Iraq war or on President Bush," he said.

Damon claimed in his lawsuit that Moore's positioning of the television interview, in which Damon complains about "the excruciating type of pain" his injuries had brought him, directly after a clip of Rep. Jim McDermott speaking about the Bush administration "leaving all kinds of veterans behind," portrays Damon as sharing McDermott's views.

Moore's attorney, Jonathan Albano, said Damon appeared for 16 seconds out of a two-hour and 10-minute film. He said his quotes were used verbatim and not manipulated to make him appear to hold an anti-war point of view.