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Hustler Must Pay $375K In Nude Photo Scandal

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from www.wsbtv.com – A federal judge on Friday disallowed a nearly $20 million judgment against Hustler magazine for a lawsuit filed by the family of Nancy Benoit.

The family sued the magazine for publishing nude pictures of Benoit after she was murdered by her husband, wrestler Chris Benoit. Benoit also murdered his son before committing suicide in their Fayette County home in June 2007.

“She wanted Hustler magazine punished for what they did,” said Richard Decker, attorney for Nancy Benoit’s family.

Decker told Channel 2’s Tom Regan that a federal jury ruled publishing the pictures was an invasion of privacy and the family had suffered damages. It awarded $125,000 in compensatory damages and $19.6 million in punitive damages.

But federal Judge Thomas Thrash ruled that the magazine could only be liable for a total of $375,000. Georgia law caps punitive damages at $250,000 unless there is evidence of intent to harm. Decker said the judge decided there was not sufficient evidence.

“There was evidence to support the punitive damages but not enough evidence to support the larger award, which requires specific intent to harm,” said Decker.

Decker told Regan he disagrees with the judge’s ruling, but said the the family is satisfied with the jury’s decision.

“It was never about the money. It was an expression that Hustler did something wrong. That principle still stands,” said Decker.

Decker said the family of Nancy Benoit is considering an appeal to the 11th Circuit Court of Appeals in Atlanta.

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