Sean Penn files $10-M Defamation Suit Against ‘Empire’ Creator Lee Daniels.

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Actor/Producer Sean Penn filed a $10-M defamation suit against Empire creator Lee Daniels. The complaint, filed Tuesday in New York Supreme Court, asserts that in Mr. Daniels’ recent interview with THR, that Mr. Penn was falsely accused of hitting women by being likened to Empire star Terrence Howard.

“[Terrence] ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden he’s some f—in’ demon,” Mr. Daniels told THR in reference to to Mr. Howard’s recent legal troubles. “That’s a sign of the time, of race, of where we are right now in America.”

Now, Penn has retained former federal prosecutor Mathew Rosengart, who declined to comment but referred THR to the first paragraph of the complaint, which states, “As a result of Penn’s status as a public figure, he has for years been the subject of scandalous, scurrilous, and baseless attacks. But Penn, like any citizen, has a right to defend himself and will no longer tolerate the reckless and malicious behavior of others, who seek to aggrandize themselves or their projects at his expense. Accordingly, and because of Daniels’ defamatory statements, Penn brings this action for monetary relief, and to deter Daniels and others from their defamatory actions.”

In the complaint, Mr. Penn acknowledges reports that Mr. Howard has publicly admitted to physically abusing women and says that Mr. Daniels’ statements are “egregious” on several levels, including that Mr. Daniels, who co-created the Fox (NASDAQ:FOX) hit series Empire and scored an Oscar nomination for directing Precious, appears to acknowledge Mr. Howard’s guilt and “also seems to condone his reported misconduct.”

Mr. Penn believes it is improper that Mr. Daniels came to Mr. Howard’s defense as “apparently part of a misguided campaign to profit and further bolster and brand his show Empire on the eve of the Emmy Awards, when the statements were made.”

“Third, and most problematic,” the suit continues, which mentions Mr.  Penn’s accolades including Oscar wins for Milk and Mystic River and charitable endeavors, “Daniels falsely equates Penn with Howard, even though, while he has certainly had several brushes with the law, Penn (unlike Howard) has never been arrested, much less convicted, for domestic violence, as his ex-wives (including Madonna) would confirm and attest.”

Mr. Daniels’ has not been available for comment.

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Paul Ebeling

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