Spencer Elden, who appeared as a baby on the cover of Nirvana’s 1992 Nevermind album cover, has been making headlines lately because he is suing the band over claims of child pornography. Elden, who is now 30 years old, alleges he’s suffered “lifelong damages” because of the photo, even though he has a tattoo of the album. A California judge recently dismissed Elden’s lawsuit, but despite everything, he’s still trying to go ahead with it.
According to a report from Rolling Stone, Elden has amended the lawsuit in hopes that he can revive it. Per court documents obtained by Rolling Stone, Elden filed his second amendment late Wednesday, meeting a deadline set by Judge Fernando M. Olguin when the case was originally thrown out on January 3. Elden is sticking to his early claim that the band, Kurt Cobain’s estate, photographer Kurt Weddle, and Nirvana’s record labels “intentionally commercially marketed the child pornography.” This time, however, Elden’s new amendment removes original language which accused the defendants of child sex trafficking.
Surviving members of Nirvana have been vocal about their thoughts on the lawsuit. In the band’s official response to Elden’s suit, Nirvana’s lawyers stated he “has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,'” clarifying that he has “re-enacted the photograph in exchange for a fee” several times times. The statement also noted Elden’s massive Nevermind tattoo on his chest, and the fact that Elden himself has said he “used the connection to try to pick up women.”