Benoit Family Suit Against Hustler Dismissed

ATLANTA — a lawsuit filed against Hustler Magazine by the family of the late Nancy Benoit has been dismissed by a U.S. District Court.

U.S. District Court Judge Thomas Thrash ruled that photographer Mark Samansky did not violate the privacy of Benoit, a former professional wrestling personality who was killed by her husband, wrestler Chris Benoit, in late June 2007. Chris Benoit also killed the couple's 7-year-old son at the family’s Fayetetteville, Ga., home before taking his own life.

Maureen Toffoloni, Nancy’s Benoit’s mother and the administrator of her estate, had sought punitive damages from Hustler after it published nude photos Samansky took of her daughter in 1983 in its March 2008 issue.

Toffoloni's suit contended that Nancy Benoit never gave permission for the photos to be used for a “pornographic” magazine whose content includes “graphic and sexual photographs of nude women.”

James Daus, who was Benoit's husband at the time, testified in an affidavit that he had been present when his wife, then an aspiring model, posed for still photographs and a videotape in the summer of 1983.

Thrash sided with Hustler when it cited freedom of the press and called Nancy Benoit’s death “a legitimate matter of public interest and concern."

Thrash also wrote in his opinion, “The fact that the Court personally views publication of the photographs to be offensive and distasteful is not determinative.”

The Toffoloni family, who live in Daytona Beach, Fla., are still considering a wrongful-death suit against World Wrestling Entertainment, which employed Chris Benoit at the time of his death.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Blush Partners With South Korean Wellness Brand Red Container

Blush has partnered with South Korean wellness brand Red Container on a number of pleasure product collaborations.

Swiss Navy Debuts New Variety Packs

Swiss Navy has introduced two new personal lubricant variety packs.

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Orion Debuts 'Suck-O-Mat 3' Masturbator

Orion Wholesale has introduced the third edition of its Suck-O-Mat masturbator.

Biird Debuts 'Ohwii' Glass Dildo

Biird has introduced Ohwii, its new double-ended glass dildo.

Sportsheets Releases New Training Video for 'Edge' Line

Sportsheets has released its latest training video, titled "Edge Product Training," the third in a series hosted by Brand Ambassador Rin Musick.

Exsens Marks Its 10th Anniversary

Intimate wellness and body care brand Exsens is celebrating its 10-year anniversary.

Show More