Suit vs. Marilyn Manson Sought Over Spitting, Nose-Blowing, Tossed Again

A lawsuit by a camera operator who alleges Marilyn Manson spat on and blew a substance from his nose on the plaintiff during a 2019 concert in New Hampshire was formally dismissed by a judge Wednesday, the second time the case has been tossed in less than a year.

Los Angeles Superior Court Judge Anne Hwang’s ruling in plaintiff Susan Fountain’s lawsuit is “without prejudice,” meaning the door was not closed to the case being revived later. No one showed up representing either party during the scheduled hearing to address possible sanctions and dismissal of the lawsuit for failure to serve the case.

Hwang had reinstated the case on Nov. 2 after Judge Audra Mori, who was later elevated to the Second District Court of Appeal, first dismissed the case on Feb. 15, also “without prejudice.” Fountain’s lawyer, Jennifer Clingo, subsequently filed court papers explaining that health issues and her own errors were the cause of her not keeping up with the scheduled court dates.

“If the case remains dismissed in its entirety, Ms. Fountain will be severely prejudiced by my mistake, inadvertence and neglect,” Clingo said in a sworn declaration in support of her motion for reinstatement of the case. “Ms. Fountain has not committed any error and should not be punished as a result of my failure to receive court notices and check on the court status of the case.”

Clingo said that in 22 years of practicing law, no judge had ever fined her or dismissed any of her cases. She says she was seeking a kidney transplant.

“I believe that my current health condition has played a role in my mistake, inadvertence and/or neglect in not properly moving forward this case and missing the scheduled dates,” according to Clingo, who also says her physical condition had impaired her ability to get Manson served with the suit.

In her November ruling, Hwang noted that Clingo said she had reduced her caseload until she fully recovers.

Fountain’s suit alleged assault, battery and intentional infliction of emotional distress. She was working in front of the stage at the Manson concert at the Bank of New Hampshire Pavilion in Gilford, New Hampshire, on Aug. 18, 2019, and stood on a platform and case to try and get the best shots, according to the suit brought in August 2021.

At about 8:15 p.m., Manson, whose real name is Brian Hugh Warner, moved toward Fountain, stooped down and spat into her camera lens, with the spray falling onto her right hand, the suit stated.

Both the camera lens and hood had to be cleaned, the suit stated.

“Ms. Fountain was shocked and disgusted by (Manson’s) conduct,” the suit stated.

The director who was nearby called the incident “gross and disgusting,” according to the suit.

After Fountain resumed her work, Manson again approached her, but this time she left the platform quickly to avoid another incident and the singer walked away, the suit states. The veteran camera operator then started filming from a higher angle, the suit stated.

However, Manson, now 54, then abruptly turned around and again stepped near Fountain and blew a substance from one of his nostrils at her, the suit states. An angry Fountain cursed at Manson, according to the suit.

“(Manson) mocked and pointed at Ms. Fountain while laughing in her face,” the suit stated.

The alleged assault was captured on the large venue monitors, and some fans who recorded what Manson did later posted their video on YouTube, the suit stated.

“After being humiliated and assaulted with bodily fluids, she immediately left the pit and went to the restroom facilities,” according to the suit, which also stated that the plaintiff was wearing short sleeves and short pants.

Unable to continue her work for the remainder of the event, Fountain later underwent two tests within several months to ensure that she had not contracted any communicable diseases, the suit stated.