Court fight over Donald Sutherland memoir being waged

Donald Sutherland’s family is blocking the release of the late actor’s “utterly unpredictable” memoir — and the book’s publisher is now demanding the return of its hefty $400,000 advance.

Penguin Random House has sued McNichol Pictures Inc. — the Florida-based production company Sutherland founded in 2012 — for failing to deliver the completed manuscript for “Made Up, But Still True,” in Manhattan federal court.

Before Kiefer Sutherland’s father died from prostate cancer in his Miami home on June 20, 2024, a draft copy of the memoir was submitted to the Crown Publishing Group, a Penguin Random House subsidiary, according to the breach of contract suit.

Crown issued a press release on March 27, 2024, announcing it was taking pre-orders for the upcoming memoir, which was originally slated for release this month.

“The long-awaited, bracingly candid, and utterly unpredictable personal story of movie legend Donald Sutherland, sharing his deep passion for acting, his intense journey through success and loss, and every wild story in between,” the release gushed.

“As one of the most enduring actors in Hollywood, Donald Sutherland has made an indelible mark on the industry since his life-changing role in ‘M*A*S*H’ catapulted him into the public eye nearly sixty years ago,” it continued.

“With his raw honesty and wicked sense of humor, the renowned actor chronicles his life in this generation-defining book, cataloging with powerful detail his far too many brushes with death, his loving relationship with his parents, and behind-the-scenes stories of the movies he’s starred in, including ‘M*A*S*H,’ ‘Klute,’ ‘Kelly’s Heroes,’ ‘Don’t Look Now,’ ‘Ordinary People,’ ‘JFK,’ ‘The Eye of the Needle,’ ‘Fellini’s Casanova,’ ‘1900,’ ‘The Hunger Games,’ and more.”

The release also teased the tale of Sutherland’s deflowering at the age of 16. “She was twice his age and they had a wonderful time,” read the release.

After his death, Crown was informed his estate had unspecified issues with the memoir, the lawsuit alleges. The publisher sent a revised draft “to facilitate completion.”

But the family and McNichol never sent back a “complete, acceptable manuscript,” Crown alleged.

McNichol allegedly refused to return the book’s $400,000 advance, which the publisher asked for in July, according to court papers.

The book’s release has been bumped to 2026.

In the 1973 horror film “Don’t Look Now,” Sutherland had a graphic sex scene with British actress Julie Christie, which earned the movie an X rating in the UK. Rumors were rampant the sex scene was too realistic to have been simulated.

Former Variety editor Peter Bart, a Paramount executive, claimed in his book, “Infamous Players: A Tale of Movies, the Mob, (and Sex),” claims a furious Warren Beatty — Christie’s boyfriend at the time — flew to Los Angeles and demanded the scene be cut.

Bart’s book also claimed he was on set the day the scene was filmed, and could clearly see Sutherland’s penis penetrating Christie.

Sutherland long denied such claims, as did the film’s producers.

It was unclear who has been managing his $60 million estate.

McNichol did not respond to requests for comment on the suit.