Hustler Magazine had no right to publish nude photographs of Chris Benoit's deceased wife, a federal appeals court ruled Thursday.
The family of the late Nancy Benoit filed a federal suit against Larry Flynt Publishing Group last year after Hustler published nude photographs of the professional wrestler's wife.
"When this came out, it was like she had been murdered all over again. It was just horrible," said Richard Decker, the family's lawyer. "These photographs would have never made it to Hustler because they just weren't raunchy enough without the notoriety."
The magazine featured front nudity of Benoit, along with other suggestive poses, Decker said.
A spokesman for Hustler said Thursday he had not seen the suit and could not comment.
Nancy Benoit, of Fayette County, posed nude for still photographs and a video in 1983. At the time, she was an aspiring model and not married to the wrestler, according to the lawsuit.
According to Maureen Toffoloni, Benoit's mother and the administrator of her estate, the photographer promised he destroyed the pictures -- at the woman's request.
In March 2008 -- less than a year after Benoit was murdered -- the photos appeared in Hustler. Chris Benoit killed Nancy Benoit and Daniel, the couple's 7-year-old son, at the family's Fayette County home before taking his own life in late June 2007.
In October 2008, a U.S. District judge threw out the family's suit and sided with Hustler. The judge said the nude photos were "newsworthy."
On Thursday, the U.S. Court of Appeals for the 11th Circuit reversed that decision.
The appeals court ruled Benoit's death was newsworthy, but the nude photographs were not.
"The photographs by themselves serve no legitimate purpose of disseminating news ... and needlessly expose aspects of the plaintiff's private life to the public," the appeals court wrote. "Indeed, people are nude every day and the news media does not typically find the occurrence worth reporting."
The appeals court found Hustler published the photographs without the permission of Benoit's estate and without compensation. The appeals court ruled that the magazine violated the woman's privacy.
The case will be sent back to the district court, where a jury will likely determine the punitive damages. However, Decker said he expects Larry Flynt to appeal to the Supreme Court.
Two weeks ago, Nancy Benoit's family filed a wrongful death suit against Dr. Phil Carroll Astin III, who prescribed drugs to the wrestler, along with three unnamed drug distributors. Astin, of Carrollton, is serving a 10-year prison sentence for illegally dispensing drugs. The suit claims the doctor and distributors prescribed drugs that caused Chris Benoit to strangle his wife and smother his son.
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