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Judge dismisses DMX judgment

May 24, 2008|From the Associated Press

A judge in Upper Marlboro, Md., has vacated a $1.5-million judgment awarded to a woman who filed a defamation suit against rapper DMX after he alleged that she raped him.

Prince George's County Circuit Judge Thomas Smith ruled last week that DMX (real name: Earl Simmons) was not properly served with court papers in the case filed against him by Monique Wayne.

Wayne became pregnant after an August 2003 encounter with Simmons. She gave birth in April 2004, and DNA tests showed it was Simmons' son.

But in a 2006 magazine interview, Simmons, without referring to Wayne by name, said she "raped" him while he slept. Wayne denied the claim and sued him.

Wayne was awarded the $1.5 million at a January hearing after Simmons failed to appear. But his lawyers challenged that claim, saying Wayne did not properly serve him with lawsuit papers, and he was unaware of the case against him.

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