Court orders new trial for former Forsyth Co. sheriff

ATLANTA - A federal appeals court has tossed a $3.6 million verdict against a former sheriff who sent out a barrage of leaflets that falsely painted one of his critics as an ex-con.

The 11th Circuit Court of Appeals also ordered a new trial last week for former Forsyth County Sheriff Dennis Lee Hendrix.

Danny Bennett sued Hendrix in 2000, claiming he was the target of a smear campaign because he supported a referendum that would restrict the sheriff's powers.
The fliers claimed Bennett and another man were ``convicted felons,'' and Bennett said they were out of line because he isn't a public figure.

Hendrix countered that it was politically protected free speech.

The three-judge panel concluded that Bennett was a private figure, but ordered a new trial to determine damages.

http://accesswdun.com/article/2011/5/238909