SIDNEY, Ohio (WDTN) – An Ohio appeals court says a woman whose photo was mistakenly used in a Shelby County Sheriff’s Office news conference, should have her case heard in court.

The Third District Court of Appeals ruled that Sheriff John Lenhart and Deputy Sheriff Patrick Goldschmidt are “not immune from civil liability”.

Christine Hughes sued for defamation and emotional distress over a photo of her that was used in a lineup of women who were convicted of welfare fraud.

Hughes is not the only ‘Christine Hughes’ in Shelby County. Her photo was used erroneously. The Christine Hughes that sued has never been convicted of a crime.

The decision overrules a Shelby County Common Pleas Court ruling that dismissed the case against Lenhart and Goldschmidt.

While the sheriff apologized the day after using the photo during a news conference, Hughes already saw the story on the internet and on Facebook pages.

The district court agrees that her case claiming defamation, false light invasion of privacy and intentional infliction of emotional distress be heard.

The case is now remanded back to the trial court for further proceedings.