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:
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