Judge dismisses lawsuit by Nichols' brother against filmmaker

Friday, July 15th 2005, 6:12 am

By: News On 6

DETROIT (AP) A federal judge in Detroit is dismissing a libel and defamation lawsuit filed against filmmaker Michael Moore by the brother of Oklahoma City bombing conspirator Terry Nichols.

Judge Paul Borman says statements Moore made about James Nichols in the documentary ``Bowling for Columbine'' are ``factual and substantially true.''

Nichols claimed the statements could be misinterpreted by viewers to inaccurately link him to the Oklahoma City bombing. He also says the film invaded his privacy and inflicted emotional distress.

Among the statements upsetting Nichols is that federal prosecutors formally linked the Nichols brothers to McVeigh and that the Nichols brothers made ``practice bombs'' before Oklahoma City.

The judge ruled Nichols is a public figure for the purpose of the lawsuit, which makes it more difficult to prove he was defamed.

Terry Nichols is serving life without parole for his role in the April 1995 bombing that killed 168 people. Timothy McVeigh was executed in 2001 for masterminding the attack.