CHEATHAM V. POHLE 789 N.E.2d 467 (2003) CASE BRIEF

CHEATHAM V. POHLE
789 N.E.2d 467 (2003)
NATURE OF THE CASE: Cheathan (P) sued, Pohle (D), her husband, for invasion of privacy and intentional infliction of emotional distress. P got both compensatory and punitive damages. The Indiana Court of Appeals affirmed. The State intervened, and its petition for rehearing was denied. Its petition to transfer was granted.
FACTS: P and D divorced in 1994. D retained photographs he had taken of P in the nude as well as photos of the two engaged in a consensual sexual act. D made photocopies of the photographs, added Cheatham's name, her work location and phone number, her new husband's name, and her attorney's name, and proceeded to distribute at least sixty copies around the small community where both he and P still lived and worked. P sued for invasion of privacy and intentional infliction of emotional distress, and the jury awarded her $100,000 in compensatory damages and $100,000 in punitive damages. State law required the clerk to give the plaintiff only 25% of the punitive damages award. P appealed contending that the confiscation of 75% of the award was a violation of the Indiana and U.S Constitutions (Fifth Amendment takings).

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment