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 © 2026 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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Nalpac Releases 2026 Summer Catalog

Nalpac has released its 80-page 2026 summer catalog, featuring hundreds of products.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Kheper Releases 'Intimacy Heart' Massagers

Kheper Games has debuted its new Intimacy Heart Massagers.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of intimate wear.

Zuzana Kasinski Joins Fleshlight Team

Zuzana Kasinski has joined Fleshlight and will lead the company’s European expansion.

Hankey's Toys Introduces 'Atlas' Anal Plug, Updates 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Atlas anal plug and a new size of its Peak prostate dildo.

Arcwave Debuts 2 New Strokers

Arcwave has introduced its new Orbit and Thruster strokers.

Show More