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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More