Donkey Co-writer Brandon “Bam” Margera has settled a lawsuit for being ousted from the franchise’s latest installment. According to a motion filed Wednesday in Los Angeles Superior Court, Margera and the producers of Fooled forever proposed to close the case.
Terms of the deal were not disclosed.
Margera has sued Paramount, MTV Networks, Jeff Tremaine, Johnny Knoxville and Spike Jonze, among others, accusing them of violating his civil rights by forcing him to sign a “welfare agreement” that imposed overly restrictive terms on his sobriety, then unfairly cutting it off after failing a drug test. He alleged that Knoxville and Jonze pressured him to sign the deal while he was in rehab and was told he could not participate in Fooled forever if he didn’t agree.
Margera has been diagnosed with bipolar disorder. He has been in rehab since 2009 for alcohol abuse.
According to the complaint, Margera only failed the drug test because he detected Adderall, which he mistakes for his attention deficit disorder. His contract required him to submit to regular drug tests, blow into a breathalyzer three times a day, have his hair follicles tested regularly, and take medication with a doctor every morning with a doctor hired by Paramount on FaceTime.
“Margera did not slip,” the lawsuit states. “He followed the terms of the welfare agreement to the end, at great expense. Margera’s treatment by the defendants exacerbated her mental health issues and led to suicidal thoughts. But despite it all, Margera persevered – only to have the rug pulled out from under him.
In December, Los Angeles Superior Court Judge Robert S. Draper rejected Paramount’s decision to strike out certain claims under California’s anti-SLAPP law, which allows early dismissal of lawsuits stemming from the exercise of freedom of expression on a public matter. He found that Margera’s contract with Paramount, which grants the studio ownership of everything he created for the film, might not be enforceable because he signed the welfare agreement “under the constraint while in rehab, approached with a take-it-or-leave-it deal.” proposal.”
A scene with Margera in Fooled forever remained in the film despite the lawsuit, which sought to block the film’s release.
After his ousting, Margera accused Paramount in an Instagram post of forcing him to take antidepressants and go to rehab with his own money. He asked fans to boycott Fooled forever and solicited donations to create his own film.
Tremaine in May obtained an injunction against Margera.
Paramount did not immediately respond to a request for comment.