Daniels’ comments appeared online about a week ago in the entertainment publication The Hollywood Reporter in a story about the upcoming season of the popular Fox television show.
“That poor boy (Terrence) ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden he’s some ... demon,” Daniels said in the article.
“That’s a sign of time, of race, of where we are right now in America.”
Penn’s lawsuit, says Daniels’ statements were egregious and injured Penn’s credibility and reputation personally, professionally and in his philanthropic activities.
Penn has won two best actor Oscars, for Mystic River and Milk.
He has made a major humanitarian push in Haiti after it was devastated by an earthquake, co-founding the J/P Haitian Relief Organization.
But he also has a reputation for angry behavior. In 2010, he pleaded no contest to vandalism after he kicked a celebrity photographer, but the case later was dismissed.
In the 1980s, he was in court in connection with fisticuffs and spitting.
He beat a man he thought was trying to kiss Madonna in a nightclub, and he admitted driving recklessly and punching an extra on the set of the movie Colors.