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Lawsuits allege Culpeper police shared nude pictures of woman found on boyfriend's cell phone after he was arrested
Date published: 4/23/2009
BY DONNIE JOHNSTON
A former middle school teacher and his girlfriend have filed federal lawsuits accusing Culpeper police officers of viewing and distributing nude photos of the woman that were on the teacher's cell phone. The suits claim that, following the teacher's DUI arrest in March 2008, officers not only viewed the photos, but sent out calls on the police radio inviting other officers to come in and look at the pictures. Nathan Newhard, 32, and Jessie Casella, 23, each filed complaints in federal district court in Charlottesville on March 23 and 24 naming former Sgt. Matt Borders, police Chief Scott Barlow, "unnamed Town of Culpeper police officers" and the Town of Culpeper Police Department as defendants. The lawsuits allege that the officers' actions violated their civil rights and right to privacy. Each of Barlow said Borders resigned from the force Dec. 31. He said the town has not been served with notice of the lawsuits as of yesterday and he could not comment on them. But the chief said the town had received and investigated an internal complaint and he was "confident that we handled the complaint appropriately and professionally." The suits allege that during the early morning hours of March 30, 2008, an unidentified officer arrested Newhard, who was then a teacher at Floyd T. Binns Middle School in Culpeper, and charged him with driving under the influence and possession of a firearm. According to court papers, Newhard was taken into custody and searched. Police found his cell phone and an "unnamed officer" opened the picture folder, which "contained private nude picture messages of Plaintiff Newhard's long-term girlfriend, Jessie Casella," the suits allege. According to the lawsuit, the phone and pictures eventually came into the possession of Borders, who not only "alerted other officers in the station house so they could view the private picture messages without permission," but also used the town and county police radio system to "alert numerous unnamed town officers, and Culpeper County sheriff's deputies" that the photos were available for viewing.
I think Anne Frank has proven that diaries are not safe either. I agree the cops were wrong. Good thing the phone wasn't lost and picked up by a blackmailer. It's risky business to keep nude photos on your cell phone.
Seems to me it just wasn't the DUI he had gotten for them to check his cell phone. I think those nosey immature officers would checked his cell phone if he had been brought in for jaywalking. Who knows what other cell phones they have had there nose's into before this one .. they may of just gotten caught this one time .I'm sure a lawyer would love to take this case pro bono !! sounds a new show.. who going to get ya bad snoops bad snoops
Let's pretend Mr. Newhard had in his possession a DIARY, in which he confessed to some embarrassing secret, and the police officer not only read it, but shared it with other officers and his employer, as well as neighbors. Would that be OK? NO!!! The nude photos were in his private cell phone, not available for casual observance. The officer went looking for photos, found them, shared them with others, and told the guys employer about them. That is a violation.
It was conficated and then used inappropriately. Period.
By your logic you can be arrested for a murder that you MIGHT commit... laughable!
Sure the officer may have had a right (only after the arrest though) to take a look at what the guy had on his phone but once he started calling in others to view JUST THE NAKED pics.. that was a blatant disreguard for personal privacy and totally unprofessional. Lets see whats on the Cops phone and see if he is so happy when we show it to total strangers?
street OR if his schoolkids got a hold of the phone from his desk in school? Would they also be sued for looking at the pic's or sharing with their friends? I'm thinking there should be mutual responsbility here bewteen the drunk driver and the cops in regards to these pic's being available.
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