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Stephen Pitt, Kimberly K. Greene arguedWilliam H. Hollander, Louisville, Ky. Plaintiff-appellant Ursula Ashby Ashby appealed from an order of the district court granting summary judgment to defendant-appellee Hustler Magazine, Inc. Hustler in this diversity action alleging libel and invasion of privacy pursuant to Kentucky law. In early December ofAshby's roommate Teresa Davis Davis convinced her to pose Beaver hector hunt hustler jennie nude photographs in their Louisville, Kentucky apartment.

Using a polaroid instant camera, Davis snapped four pictures of Ashby. Ashby treated the photographs as her private property and immediately secured them inside a jewelry box in her closet. Approximately two weeks after posing for the photographs, Ashby accompanied Davis to Indianapolis for a Christmas holiday at the home of Davis' mother. Ashby permitted her brother to use her apartment while she was away on vacation. Ashby's brother hosted "a couple of wild parties" at the apartment.

Shortly after returning from Indianapolis, Ashby discovered that several items had disappeared from her apartment, including a designer phone, a leather jacket, a ring, and some gold chains. At that time, however, Ashby did not discover that any of the nude Beaver hector hunt hustler jennie were missing.

Defendant Hustler publishes Hustler Magazine the "magazine". Each issue of the magazine contains a Beaver hector hunt hustler jennie Hunt" pictorial section which features nude photographs of nonprofessional female "models". In a caption printed below each of the Beaver Hunt photographs, the magazine identifies the model's name, age, occupation, hobbies and sexual fantasies. Hustler solicits photographs for its Beaver Hunt contest via a printed model release form, published in each edition of the magazine, which states in relevant part:.

Beaver Hunters, here is the model release form you must send to us with your entry in Hustler's amateur photo contest Models should be shown totally nude. Faces must be visible in photos. Novelty photos will be considered. In addition, the release form requests that the contestants provide Hustler with the following information 1 the model's name, address, date of birth, and telephone number; 2 the photographer's name; 3 the model's occupation, hobbies and sexual fantasies; and 4 the name of the person to whom the fifty dollar publication prize is to be forwarded.

During February ofHustler received a model release form signed by Karen Johnson Johnson together with a nude photograph of Ashby. The form stated that the photograph had been taken by "Mike," that the model's birthdate was "", that the model's hobbies were "love to have sex and swim," and that Beaver hector hunt hustler jennie model's sexual fantasy was "to make love to five men at one time. Ross verified the information incorporated into the release form.

According to Ross' affidavit, "Karen Johnson's responses were identical to the information on the release form except that she corrected the birthdate listed on the release, stating that her boyfriend, Beaver hector hunt hustler jennie, had put down the wrong date.

Thereafter, in JuneHustler mailed Johnson a fifty dollar check as payment for Hustler's use of the photo. Ashby's nude photograph was published in the September issue of Beaver hector hunt hustler jennie Magazine and was accompanied by the following caption: "Twenty-five year old Karen is a housewife from Louisville, Kentucky who likes to swim.

Her fantasy is to be the only girl at an orgy. Ashby brought this action in libel and Beaver hector hunt hustler jennie of privacy against Hustler in the Circuit Court for Jefferson County, Kentucky, alleging that the publication Beaver hector hunt hustler jennie her nude photograph in the magazine without her consent caused her to suffer severe emotional distress with resulting physiological consequences.

Hustler removed the case to federal court. The district court granted defendant's motion for summary judgment from which order Ashby timely appealed to this court. On appeal, Ashby argued that the district court erred in granting summary judgment to defendant in the face of conflicting issues of material fact bearing upon her claims of libel and invasion of privacy.

The Kentucky Supreme Court has defined libel as the publication of a written, defamatory, and unprivileged Beaver hector hunt hustler jennie. A writing will be considered defamatory if, construing the matter as a whole and measuring the effect of the words on the "average lay reader," it tends to 1 bring a person into public hatred, contempt or ridicule; 2 cause him to be shunned or avoided; or, 3 injure him in his business or occupation.

McCall v. Under Kentucky law, a private plaintiff may recover for libel "on a showing of simple negligence [on behalf of the publisher], measured by what a reasonably prudent person would or would not have done under the same or similar circumstances. Summary judgment is rarely appropriate in controversies governed by a negligence standard because the facts and circumstances of each case determine the degree of care by which the defendant's conduct is to be measured.

McTavish v. Chesapeake and Ohio Railroad Co. See also Rogers v. Peabody Coal Co. In the present case, Ashby charged Beaver hector hunt hustler jennie the district court erred in granting summary judgment to defendant because the record joined issues Beaver hector hunt hustler jennie material fact that demonstrated Hustler's negligence when it published a photograph and caption which 1 falsely represented that Ashby had given consent Beaver hector hunt hustler jennie the publication of her sexually-explicit photograph in a hard-core, sex-centered magazine, and 2 falsely attributed lewd sexual fantasies to her.

Where, as here, Hustler's solicitation form encouraged the submission of "novelty photos," the risk of receiving a forged consent form was substantial. The potentially devastating effect of an erroneous publication on the psychological, physical, sociological and economic well-being of a person whose picture had been published in the magazine without her consent should have counseled the defendant to implement verification procedures which would ensure that the "model" featured in the Beaver Hunt pictorial had actually consented to the publication of her nude photograph in the magazine.

As stated by the Fifth Circuit in a case which, like the case at bar, involved Hustler's publication of a stolen photograph in the Beaver Hunt section of the magazine:. The nature of material published in Beaver hector hunt hustler jennie Beaver Hunt section would obviously warn a reasonably prudent editor or publisher of the potential for defamation or Beaver hector hunt hustler jennie invasion if a consent form was forged.

The wanton and debauched sexual fantasies and the intimate photos Beaver hector hunt hustler jennie nude models were of such a nature that great care was required in verifying a model's consent. Wood v. Beaver hector hunt hustler jennie Magazine, Inc. The appellate court concluded Beaver hector hunt hustler jennie, on the facts of that case, Hustler was negligent because it 1 published the photograph after being put on reasonable inquiry as to whether the information contained in the consent form was accurate, and 2 failed to implement adequate verification procedures Beaver hector hunt hustler jennie safeguards designed to ensure that the model consented to the publication.

In the present case, the record disclosed discrepancies in Johnson's responses to Ross' telephone inquiries which should have alerted Hustler to proceed with extreme care.

Although Johnson had identified herself as a "housewife" on the model release form, she informed Ross that her "boyfriend" Mike had taken the photograph and that her "boyfriend" Mike had incorrectly listed her birthdate on the release form. Moreover, the entire verification procedure implemented by Hustler was questionable when measured against the degree of care that Beaver hector hunt hustler jennie be imposed upon publishers of sexually-explicit materials.

Hustler's verification procedures were not, in any way, calculated to ensure that the person who had mailed the photograph and executed the release form was indeed the individual depicted in the sexually explicit Beaver hector hunt hustler jennie. Accordingly, this court concludes that the judgment of the district court must be reversed insofar as it granted summary judgment to defendant on the plaintiff's libel claim. Ashby's invasion of privacy cause of action was predicated upon a "false light" invasion of privacy theory which required Ashby to demonstrate by clear and convincing evidence that Hustler acted with actual malice when it Beaver hector hunt hustler jennie her nude photograph in the September edition of the magazine.

As stated by the Kentucky Supreme Court:. The two basic requirements to sustain such an action are 1 the false light in which the other was placed would be highly offensive to a reasonable person and 2 the publisher had knowledge of, or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other was placed.

McCall, supra, S. Ashby argued that the district court erred in granting summary judgment to defendant on the false light claim because the record disclosed the existence of material facts to prove that Hustler acted with reckless disregard as to the falsity of the matters which it published and the resultant false light in which Ashby was placed. Defining the circumstances in which a finding of reckless disregard can be supported, the Supreme Court Maasai boys nude pics stated:.

There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.

Publishing with such doubts shows reckless disregard for truth or falsity and demonstrates actual malice. Amant v. Thompson, U. In actions governed by an actual malice standard, the trial court must determine if the plaintiff has produced sufficient evidence from which a reasonable jury could find that the plaintiff had demonstrated actual malice with clear and convincing clarity. Anderson v. Liberty Lobby, Inc. Because the plaintiff has failed to meet the burden of proof imposed by the pronouncements of the Supreme Court in Thompson, this court concludes that the district court did not err in granting summary judgment to Hustler on the invasion of privacy cause of action.

David S. Johnson and her boyfriend, Michael Mucker, had attended one of the parties which Ashby's brother hosted at the Louisville apartment.

In describing Hustler Magazine, the court in Faloona v. Hustler Magazine, F. In Wood, the plaintiff LaJuan Wood brought an action against Hustler after her nude photograph was published in Hustler Magazine without her consent. The record disclosed that Wood's neighbors broke into her home and stole a nude photograph of her that had been hidden in her dresser drawer. Thereafter, the neighbors completed a consent form which correctly stated Wood's name and accurately reported Wood's hobby of collecting arrowheads.

However, Cock hanging towel method video consent form falsely stated both Wood's age and address and falsely attributed to Beaver hector hunt hustler jennie the fantasy of being "tied down and screwed by two bikers.

The Fifth Circuit determined that a negligence standard of liability governed a false light invasion of privacy action under Texas law and affirmed the district court's judgment, finding that Hustler employees had reasonable cause to believe that the consent form had been forged and that Hustler's verification procedures were flawed because they did not provide adequate safeguards to prevent the publication of a stolen photograph.

Court of Appeals for the Sixth Circuit. Enter your email. Ursula Ashby, Plaintiff-appellant, v. Court of Appeals for the Sixth Circuit - F. Decided Oct. Rehearing Denied Nov. Vonsick, Louisville, Ky.

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