Cheatham v. Pohle

789 N.E.2d 467 (2003)

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Cheatham v. Pohle

Indiana Supreme Court
789 N.E.2d 467 (2003)

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Facts

After Doris Cheatham (plaintiff) and Michael Pohle (defendant) divorced, Pohle kept naked pictures of Cheatham. Pohle then made photocopies of the pictures, added Cheatham’s personal information and posted them around the community where she lived. Cheatham brought suit for invasion of privacy and intentional infliction of emotional distress. The jury awarded her $100,000 in compensatory damages and $100,000 in punitive damages. An Indiana statute provided that 75 percent of punitive damages awarded in civil actions be paid to the state with the other 25 percent paid to the plaintiff. Cheatham appealed on the grounds that paying 75 percent of her punitive damages to the state constituted a violation of the Takings Clause of the Fifth Amendment and the Indiana Constitution.

Rule of Law

Issue

Holding and Reasoning (Boehm, J.)

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