A national guardsman seen in the incendiary documentary has sued Moore for $85 million claiming that his footage was used out of context to portray him as anti-war, when in fact he supports the Bush administration's war policies, report news sources.
The lawsuit, filed in Massachusetts Suffolk Superior Court last week, says that the filmmaker didn't get permission to use the clip of an interview 33-year-old Sgt. Peter Damon had given to an NBC Nightly News correspondent at Walter Reed Army Medical Center in Washington D.C.
In the film, U.S. Rep. Jim McDermott (D) states, "You know, [those in the Bush administration] say they're not leaving any veterans behind, but they're leaving all kinds of veterans behind."
Moore follows this statement with footage of Damon, a double amputee who lost his arms in Iraq, on a gurney covered in bandages. He says he feels as if he's "being crushed in a vise," adding, "but [the painkillers] do a lot to help it. And they take a lot of the edge off of it."
In his original interview, Damon was actually responding to a question about the new painkiller the military was using with war veterans, but he claims that the documentary juxtaposition of the clip implied that the Bush administration had left him dealing with pain and drug addiction.
For his "loss of reputation, emotional distress, embarrassment, and personal humiliation," Damon is suing Moore, Miramax Films, NBC and Lions Gate Entertainment for $75 million. His wife is seeking an additional $10 million for the "mental distress and anguish suffered by her spouse."
"Fahrenheit" criticized the Bush administration, mainly its response to the 9/11 terrorist attacks and the war in Iraq.It's the first documentary to pass the $100 million mark at the box office, earning $119.1 million domestically and more than $220 million worldwide. It also broke the DVD rental record for documentaries in its first week out.