Scott O’Grady, the downed U.S. pilot dubbed a hero after escaping from war-torn Bosnia in 1995, filed suit against 20th Century Fox and the Discovery Channel TV network Monday, saying they profited from his story without securing the proper rights.
The lawsuit, filed in federal district court in Texarkana, Texas, charges 20th Century Fox Film Corp. and Discovery Communications Inc. with invasion of privacy through the misappropriation of his name, likeness and identity; false representation and false advertising; unjust enrichment; and civil conspiracy, Reuters reports.
According to Reuters, the lawsuit claims “Captain O’Grady was also troubled that the ‘hero’ in the Fox movie used foul language, was portrayed as a ‘hot dog’-type pilot and disobeyed orders, unlike O’Grady.”
Fox’s Behind Enemy Lines, starring Gene Hackman and Owen Wilson, revolves around an F/A-18 Superhornet pilot who is shot down over Bosnia and must struggle to evade hostile forces until he is rescued by the U.S. military. The film, which ran in theaters from November 2001 through March 2002, was based on O’Grady’s experiences, he said.
In 1998, the Discovery Channel aired a documentary titled Behind Enemy Lines: The Scott O’Grady Story. The documentary featured interviews with O’Grady, his family and the Marines who rescued him, as well as actual radio recordings and footage of rescue preparations. According to the lawsuit, Fox sponsored the documentary–which was broadcast several times from 1998 to 2001–and used it to promote the film Behind Enemy Lines.
O’Grady, who has written a children’s book on his ordeal and works as a motivational speaker, argues that the commercial value of his name and identity have been damaged by the film and the documentary.
O’Grady is seeking the movie and television drama’s profits, triple damages he sustained, legal fees and “an additional amount considered just by the court.”
