Cheatham v. Pohle

789 N.E.2d 467 (2003)

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Nature of the Case

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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).