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Torts Keyed to Prosser
Cheatham v. Pohle
Facts
Appellant/Plaintiff Cheatham divorced Appellee/Defendant Pohle in 1994. After the Divorce, Pohle kept nude photos of Cheatham and other pictures of the couple engaged in sexual acts. Pohle distributed at least 60 copies to the community in which they lived and worked. Pohle went further and added personal information (e.g., her name, work location and phone number, as well as her new husband’s name) about Cheatham on the pictures before distributing them. Cheatham sued Pohle for intentional infliction of emotional distress and invasion of privacy, and was awarded damages (including $100,000 in punitive damages). A provision of the Indiana code provided that 75% of any punitive damage award must be paid to the state treasury in a fund for violent crime victims. Cheatham brought suit to determine whether the code violated the US Constitution (5th Amendment Takings Clause) and the Indiana State Constitution.
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