A federal appeals court has rejected a Massachusetts Army Sergeant's effort to sue film director Michael Moore for how he was portrayed in the anti-war documentary "Fahrenheit 9/11."
Army Sgt. Peter Damon lost both his arms when a tire of a Black Hawk helicopter blew while he was repairing the aircraft. In an interview used in the documentary, Damon was asked about a new painkiller the Army was using. Damon claimed Moore used a clip from that interview to depict Damon's comments as anti-war, when he was actually talking about coping with his pain.
He said he was humiliated and emotionally distressed by the portrayal.
Damon is shown shortly after Congressman Jim McDermott is speaking about the Bush administration and says, "You know, they say they're not leaving any veterans behind, but they're leaving all kinds of veterans behind."
Damon had contended Moore's positioning of the clip just after the congressman's comments makes him appear as if he feels like he was "left behind" by the Bush administration and the military.
Judge Aida Delgado-Colon said that while Damon's anger and frustration were understandable, the clip could not reasonably be construed as defamatory under state law.
The three-member appeals panel sided unanimously with Moore. Damon and his laywer, Philip Moran, did not immediately return calls from the Associated Press for comment.