Madonna Defends Sean Penn in His Defamation Lawsuit Against Lee Daniels

Madonna says that claims that Sean Penn physically assaulted or struck her during their marriage are “completely outrageous, malicious, reckless and false.”

The statements come in a filing in Penn’s $10 million defamation suit against Lee Daniels, who Penn says falsely accused him of hitting women.

In an amended complaint filed in New York Superior Court on Thursday, Penn also challenges Daniels’ contention that what he said was protected by the First Amendment.

At issue is a comment that Daniels, co-creator of Fox’s hit series “Empire,” gave to the Hollywood Reporter in which he compared legal troubles faced by “Empire” star Terrence Howard to those faced by other actors.

Daniels said Howard “ain’t done nothing different than Marlon Brando or Sean Penn, and all of the sudden he’s some f—in’ demon. That’s a sign of the time, of race, of where we are right now in America.”

“While we certainly had more than one heated argument during our marriage, Sean has never struck me, ‘tied me up,’ or physically assaulted me, and any report to the contrary is completely outrageous, malicious, reckless and false,” Madonna said in a declaration also filed on Thursday.

She also referred to an alleged incident in June, 1987, in which tabloids reported that Penn struck her with a baseball bat. “I know the allegations in those and other reports to be completely outrageous, malicious, reckless and false,” she said in the declaration. She called Penn “a caring, compassionate individual, as well as an extremely talented actor, creative artist, and philanthropist, including in connection with his work as CEO of the J/P Haitian Relief Organization.”

Last month, Daniels contended that Penn was engaging in “financially draining attacks brought to punish free speech exercised to Penn’s chagrin.” He called his earlier comments “constitutionally protected opinion,” and “in that it is an assault on the First Amendment and New York’s Constitution,” the litigation should be thrown out. He also contends that Penn failed to show he made the remarks with actual malice, the legal threshold for defamation when it comes to public figures.

But in the amended complaint, Penn, through his attorney, says that Daniels had “no legitimate basis to believe that Penn had been arrested or charged (let alone on multiple occasions) with anything relating to domestic abuse (and Penn has never been so arrested or charged).”

Even more, Penn contends that Daniels could have easily checked public records or even with Penn or his friends or representatives to confirm that he had never been arrested or charged.

“Daniels, who was on notice of the falsity of his statements and who could have easily checked on the veracity of his false statements before making them, upon information and belief, made defamatory statements with actual malice, reckless disregard for the truth, and for improper purposes, with full knowledge that the statements would be prominently published and repeated throughout and outside of the United States.”

Penn claims that Daniels remark has injured his credibility and reputation in his personal life, occupation and philanthropic activities.

Penn is represented by Mathew Rosengart of Greenberg Traurig. Daniels is represented by James Sammataro of Stroock & Stroock & Lavan.

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