Sergeant Jeffrey Sarver sued director Kathryn Bigelow and screenwriter Mark Boal, alleging the Oscar-winning war film was based on his experiences as a bomb disposal expert and portrayed him in a false light.
A U.S. district judge dismissed Sarver's case in October (11), ruling the drama's value was "derived from the creativity and skill of the writers, directors, and producers".
Now Sarver has been told he must pay the filmmakers' expenses, including $38,000 (£24,000) for Boal and Bigelow, $90,000 (£56,000) for The Hurt Locker producers, and $59,000 (£37,000) for the distributor, Summit Entertainment.
According to the Hollywood Reporter, Sarver plans to appeal against the ruling.
Master Sergeant Jeffrey Sarver alleged the movie's lead character, played by Jeremy Renner, was based on his experiences and he was upset not to receive credit or compensation from the filmmakers.
He filed suit last year (10) on the eve of the 2010 Academy Awards, at which The Hurt Locker scooped a massive six Oscars.
The case was filed in New Jersey, but the defendants, including director Kathryn Bigelow and screenwriter Mark Boal, successfully fought to have the case transferred to California in February (11) - so they could take advantage of the state's laws against stifling free speech.
And, on Thursday (13Oct11), U.S. District Judge Jacqueline Nguyen rejected Sarver's case, according to the Associated Press.
She said, "The value of The Hurt Locker unquestionably derived from the creativity and skill of the writers, directors, and producers who conceived, wrote, directed, edited, and produced it."
Master Sergeant Jeffrey Sarver alleges the movie's lead character, played by Jeremy Renner, is based on him but he was given no credit or compensation from the filmmakers, and now he's regularly ridiculed by colleagues.
He originally filed suit in his native New Jersey last year (10) on the eve of the 2010 Academy Awards, naming director Kathryn Bigelow and screenwriter Mark Boal as defendants.
Earlier this year (11), they launched a motion to dismiss Sarver's lawsuit, alleging he was interfering with their right to free speech.
But on Tuesday (15Mar11) the Iraq war veteran signed his filing while serving a tour of duty in Afghanistan.
Sarver claims some of the film's scenes contradict proper actions, and fellow service members have questioned his abilities since the movie's release.
Bigelow, Boal and the producers of the film are still fighting to get the case dismissed.
Master Sergeant Jeffrey Sarver alleges the movie's lead character, played by Jeremy Renner, is based on him but he was given no credit or compensation from the filmmakers. He filed suit last year (10) on the eve of the 2010 Academy Awards, at which The Hurt Locker scooped a massive six Oscars.
The suit was filed in New Jersey, but the defendants, including director Kathryn Bigelow and screenwriter Mark Boal, successfully fought to have the case transferred to California - so they can take advantage of the state's laws against stifling free speech. On Tuesday (01Feb11), they launched a motion to dismiss Sarver's lawsuit, alleging he has interfered with their right to free speech and asking a judge to order Sarver to pay their attorneys' fees.
The papers state, "It is apparent from a review of the film that it is not about Plaintiff. It is a fictional work. The fact that the writer who wrote the screenplay for the film may have drawn inspiration and realistic details about the events he witnessed and people he met while embedded as a reporter with Plaintiff's unit in Iraq does not convert the film from fiction to fact, or turn its fictional lead character into Plaintiff."
Master Sergeant Jeffrey Sarver claims the movie's lead character, played by Jeremy Renner, is based on him but he was given no credit or compensation from the filmmakers.
Screenwriter Mark Boal wrote about Sarver in an article published in Playboy magazine in 2005, but he has maintained the film was a work of fiction.
But now the case is set to go to trial in California after a New Jersey judge ruled the Iraq war veteran can sue Boal and director Kathryn Bigelow.
U.S. District Judge Dennis Cavanaugh has also denied the defendants' motion to dismiss the lawsuit.
Master Sergeant Jeffrey S. Sarver is due to file a multi-million dollar federal lawsuit on Wednesday (03Mar10) against The Hurt Locker film-makers, claiming the movie depicts his own experiences as the leader of an explosives disposal unit.
Sarver, 38, alleges The Hurt Locker screenwriter Mark Boal was allowed to travel with his unit in Iraq as part of an armed services press program.
Sarver's attorney Geoffrey Fieger explains in a statement, "Virtually all of the situations portrayed in the film were, in fact, occurrences involving Master Sgt. Sarver that were observed and documented by screenwriter Boal.
"The suit alleges that, for reasons that can only be explained by greed, the movie's screenwriter and makers decided to cheat Master Sgt. Sarver (a man who repeatedly risked his life for his country) out of financial participation in the film, and any acknowledgement of his heroic actions in Iraq. Master Sgt. Sarver only learned of the appropriation of his identity after the film's release."
A spokesperson for Summit Entertainment, the firm which distributed the film in America, has responded to the claims: "Ever since Summit acquired the distribution rights to the finished feature film The Hurt Locker during the 2008 Toronto International Film Festival we have been proud to showcase the film to audiences in the U.S. The film is a story about heroes depicting a fictional account of what brave men and women do on the battlefield. We have no doubt that Master Sgt. Sarver served his country with honour and commitment, risking his life for a greater good, but we distributed the film based on a fictional screenplay written by Mark Boal. We hope for a quick resolution to the claims made by Master Sgt. Sarver."
Actor Jeremy Renner plays the role of Sergeant William James - the character allegedly based on Sarver - in the film, which has been nominated for nine Academy Awards, including Best Picture and Best Director, at Sunday's (07Mar10) ceremony.