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Lawsuit claims police passed around nude photo found on phone
Former Culpeper teacher, girlfriend seek $350,000 each in damages over distribution of nude photo
PDF: Read the lawsuit
Date published: 4/22/2009

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 found on the teacher’s cell phone after he was arrested for DUI.

The suits claim that officers also sent out calls on the police radio inviting other officers to come in and look at the photos.

Nathan Newhard, 32, and Jessie Casella, 23, each filed complaints in federal district court in Charlottesville 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 actions in March 2008 violated their civil rights and right to privacy. Each of the plaintiffs is seeking $350,000 in punitive damages, as well as unspecified compensatory damages.

Chief Barlow said Borders resigned from the force Dec. 31. He said today that the town has not been served with a notice of the lawsuits and he could not comment on them.

But the chief said the town received and investigated an internal complaint and he was “confident that we handled the complaint appropriately and professionally.”

For more on this story, read Thursday’s Free Lance–Star.

Donnie Johnston:

djohnston@freelancestar.com



Read more stories about Culpeper
Date published: 4/22/2009



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one more thing... (posted by btrflykys , Apr. 23, 2009 9:22 am)    0 likes
if the pics were on his phone and they were exposed while he was on school property he would have lost his job... it may not be illegal to posses nude photos but while your on school grounds you have to super cautious about quite a few things.

garyshorts (posted by btrflykys , Apr. 23, 2009 9:19 am)    0 likes
to answer your question... no, i do not belive that he should be forbidden to possess the photos but as a teacher he should have been a little bit more careful on protecting something so private. some of your statement is a little contradicting... you say its not pornography but yet the last part of your comment talks about "pornographic" magazines... a magazine is just pictures, right? and yes, if a child steals from one a mailbox and gets caught, i do believe that the "owner" would be held responsible..

Sorry, jaeshuan but a DUI (posted by VALOVER , Apr. 23, 2009 2:13 am)    0 likes
sends you to jail and directly to jail for at least 6 hours no matter what your BAC is plus it gets your car towed along with it. The police sure aren't going to let you back behind the wheel! As for the cops going through the cell phone I don't know why they would have a reason to do that. Why not just mark it as the persons personal property when booked and return it when they are released?

I used to think teachers were Gods when I was in school (posted by Catch22 , Apr. 23, 2009 12:42 am)    0 likes
until I saw my chemistry teacher come out of a bar falling down drunk rolling around the parking lot. Then I knew he was just like us and liked him a lot better. Maybe he was my english teacher...it's all a little hazy. Now where did I put those potato chips...

zorro (posted by jaeshuan , Apr. 22, 2009 9:46 pm)    0 likes
a dui doesnt mean mandatory jail unless the BAC is above a .15 or there are other mitigating factors. On another note, thank god the presence of those cops deters crime, lets hire 20 more just like them.

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