July 20, 2024 #1 Local News, Information and Event Source for the Century City/Westwood areas.

Judge dismisses claims filed against actor Marlon Wayans

Claims involving racial harassment and emotional distress were filed against Marlon Wayans. (Thinkstock)
Claims involving racial harassment and emotional distress were filed against Marlon Wayans. (Thinkstock)

A judge dismissed racial harassment and emotional distress claims filed against “A Haunted House 2” star Marlon Wayans, saying an extra for the movie had not met the legal standards for the case to go forward.

Los Angeles Superior Court Judge Rafael Ongkeko issued his ruling Dec. 31 — 20 days after taking the lawsuit under submission.

Plaintiff Pierre Daniel alleged in a suit filed Aug. 25 that Wayans subjected him to offensive language about his race and unfavorably compared him to an animated character. Both are black.

Wayans’ lawyers argued the claims against their client should be dismissed, because they infringed on his right to free speech.

Daniel’s case will proceed against other parties he sued, including producer IM Global Octane.

According to the lawsuit, in September 2013 Wayans tweeted photos of Daniel and Cleveland Brown, an animated character from the television show “Family Guy” and its spinoff “The Cleveland Show.”

Daniel alleged Wayans used a caption that said the plaintiff resembled the character. He also maintained the actor made fun of his hair, mustache and weight.

Wayans’ attorneys, William Briggs and Celeste Brecht, argued that the part of the case against the actor/comedian should be tossed because his actions — which included the use of the “N” word and a slang variation of it — were done as part of making and promoting “A Haunted House 2.”

But Daniel’s lawyer, Tessa King, said Wayans posted the photos of her client on the actor’s website and on his Twitter account for commercial reasons.

King said Wayans did not have Daniel’s permission to take his photograph. Many of the disparaging remarks Wayans made to Daniel occurred during breaks in filming, King said.

King said the statements allegedly made to Daniel during filming breaks were not protected speech, because there is no public interest in offensive remarks that have nothing to do with the creative process.

However, Briggs said Wayans used the “N” word “in the comedic sense, not the pejorative sense.” He also said Daniel signed a waiver when he became an extra and knew beforehand that he would hear things on a film set that one would normally find offensive outside such an arena.

“No one racially harassed Mr. Daniel,” Briggs said. “He voluntarily appeared on a movie set where a raunchy, R-rated comedy was being filmed.”

Briggs also said that Daniel consented to being photographed by Wayans.

In a sworn declaration, Wayans defended his use of the “N” word or “nigga.”

“I was raised in an environment where black men and women frequently used the phrases … as terms of endearment when speaking to each other,” Wayans says. “As an example, my father, siblings and friends frequently call me (“N” word) or my (“N” word) when greeting me.”

The words “are part of my lexicon … part of my creative process,” according to Wayans.

Related Posts

Cinespia Announces Additional Special Screenings at Hollywood Forever Cemetery

July 19, 2024

July 19, 2024

Featuring Tributes to Paul Reubens and Shelly Duvall and Annual Screenings Cinespia, the popular cinematic experience presented by Amazon MGM...

Michelle Bisnoff Arrested for $2 Million Investor Fraud Scheme

July 19, 2024

July 19, 2024

CEO of ESOS Rings Faces Securities and Wire Fraud Charges A Boca Raton woman was arrested today on charges of...

Felony Battery Suspect Arrested in South Brentwood Sexual Assault on July 16

July 18, 2024

July 18, 2024

26-Year-Old Taken Into Custody After Assault on Gretna Green Way Detectives from the Los Angeles Police Department’s West Los Angeles...

(Video) Only One More Saturday Pop Up of Pa’s Biscuitisserie at Cardinale du Vin Left!

July 18, 2024

July 18, 2024

From 9 am to 2 pm, the best biscuits: their tribute to Red Lobster’s Cheddar Bay biscuits and the best...

(Video) Cold Brew Lou Celebrates Three Years at the Motor Avenue Farmers Market With New Coffee Drinks

July 17, 2024

July 17, 2024

Stay cool with Cold Brew Lou’s new creations, orange you curious? Check them out. @centurycitywestwoodnews Cold Brew Lou Celebrates Three...

Danny Boy’s Famous Original’s New Location Now Open in Westwood Village

July 17, 2024

July 17, 2024

Acclaimed Chef Daniel Holzman Brings New York-Style Pizza to Westwood Daniel Holzman, celebrated chef and industry veteran, will open the...

New Restaurant Alert: All Roads Pinseria + Enoteca to Open in Brentwood on July 26

July 17, 2024

July 17, 2024

Roman-Style Eatery Boasts Unique Pinsa and Italian Specialties, Italian Wines Exciting news for the Westside: All Roads Pinseria + Enoteca,...

Beverly Hills Police Deny Online Rumors of Threats Against Jewish Community

July 16, 2024

July 16, 2024

Chief Stainbrook Urges Public to Trust Official Law Enforcement Sources The Beverly Hills Police Department (BHPD) has addressed rumors on...

Sexual Assault Reported in South Brentwood, Suspect at Large

July 16, 2024

July 16, 2024

LAPD Confirms Incident, Community Seeks Help to Identify Man A post on Nextdoor this evening reported the shocking news that...

Elon Musk Plans to Move Twitter and SpaceX HQs Out of California

July 16, 2024

July 16, 2024

Move Follows SAFETY Act Being Signed Into Law by Governor  Elon Musk, billionaire and CEO of Twitter, Space X, and...

Judge Issues Final Ruling in Favor of Barrington Plaza Tenants Association

July 16, 2024

July 16, 2024

Decision against Landlord Finds Intent Does Not Meet Ellis Act Standards The final ruling in the case of the Barrington...

Governor Signs Landmark SAFETY Act to Shield LGBTQ+ Students in California Schools

July 15, 2024

July 15, 2024

New Law Prohibits Forced Outing Policies in Schools to Keep Students Safe The Support Academic Futures & Educators for Today’s...

The Donald Kaufman Brentwood Branch Library Celebrates 30th Anniversary with Week of Events

July 15, 2024

July 15, 2024

A Musical Performance, Visit From the Reptile Family and Special Reception The Donald Kaufman Brentwood Branch Library is celebrating its...

Covid-19 Cases, Hospitalizations, and Test Positivity Rates Rise in Latest CDC Reports

July 15, 2024

July 15, 2024

California’s Wastewater COVID-19 Levels Are Very High; JN.1 Variant Dominates Covid 19 is making a comeback this summer, with infection...

LAPD and Family Seek Public’s Help to Locate Missing 69-Year-Old Woman

July 15, 2024

July 15, 2024

Beryl Angela Thomas Last Seen in Fairfax Area; May Be Disoriented The family of Beryl Angela Thomas and detectives from...