Hustler removed the case to federal court. Ashby permitted her brother to use her apartment while she was away on vacation. Approximately two weeks after posing for the photographs, Ashby accompanied Davis to Indianapolis for a Christmas holiday at the home of Davis' mother. 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. In Wood, the plaintiff LaJuan Wood brought an action against Hustler after her nude photograph was published in Hustler Magazine without her consent. Defining the circumstances in which a finding of reckless disregard can be supported, the Supreme Court has stated:. Each issue of the magazine contains a "Beaver Hunt" pictorial section which features nude photographs of nonprofessional female "models".
Giuliana. Age: 27.
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.
Denise. Age: 24.
Hite/Hustler Fashion Beaver Hunt #8
Moreover, the entire verification procedure implemented by Hustler was questionable when measured against the degree of care that should be imposed upon publishers of sexually-explicit materials. 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. 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:. Beaver Hunters, here is the model release form you must send to us with your entry in Hustler's amateur photo contest