Hearing set for CPD nude pictures case

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A U.S. District Court judge next week will hear pretrial motions in the case of two Culpeper residents who say their privacy was violated when a former police sergeant deliberately shared sexually explicit pictures found on a cell phone after an arrest.

The plaintiffs, Nathan Newhard and Jessie M. Casella, each seek $350,000 in punitive damages and unspecified compensatory damages. The Aug. 31 hearing is set for 11:30 a.m. and the case is scheduled to go to trial next June, according to the U.S. District Court Web site.

Filed in federal court in March in Charlottesville, the suit names the Culpeper Police Department, Chief Scott Barlow and Sgt. Matt Borders, who resigned from the force late last year.

The complaints allege deliberate indifference to the plaintiffs’ constitutional rights, violations of their privacy, “outrageous and shocking” conduct, defamation, intentional infliction of emotional distress and
failure of Barlow and the department to adequately train, supervise and discipline officers.

According to the complaint, the incident began during the early morning hours of March 30, 2008, when an unidentified town officer arrested Newhard, charging him with DUI and three other misdemeanors.

While in custody, the plaintiffs say Borders gained control of Newhard’s cell phone, which contained nude pictures of Casella, his girlfriend.

After inviting other officers in the station to view the images, the complaint alleges that Borders used his police radio to invite other officers and deputies to view the pictures.

An unidentified sheriff’s deputy later brought the situation to the couple’s attention. Newhard claims he was forced to resign his teaching position with Culpeper County Public Schools when news of the incident got back to school officials.

Casella, a specialist in equine hoof care, also claims the incident harmed her professional career.

Lake Ridge-based attorneys Emmett F. Robinson and Veronica Robinson are representing the plaintiffs.

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Flag Comment Posted by cs2020 on August 29, 2009 at 11:23 am

The police were certainly in the wrong with their behavior. But this boyfriend, who is supposively a teacher, pictures of your girlfriend sexually explicit? No wonder kids are out of control these days with these kind of teachers. Is he still teaching somewhere? Someone should check.

Flag Comment Posted by DontTread on August 27, 2009 at 3:03 am

Our whole culture is a disgrace. 

I spoke with someone in at the Sherriff’s Office. recently.  She informed me that she was a civilian.  She then identified officers as non-civilian.  “They have an oath”, she said. 

I hate to tell ya, lady.  Police are civilian.  There exists a federal law called Posse Comitatus.  It prevents the police and military from blending.
 
In history, when the police and military start working togther, the masses suffer.  Hence the law.  Which is being openly violated here in Culpeper and abroad!  Believe that your local and state police have been federalized. 

Egregious behavior explained.  People who feel accountable for their actions don’t behave this way.  Also, someone willing to bend the rules so, must feel comfortable doing so.  Perhaps they have witnessed other rule-bending, and feel safe doing so.

Flag Comment Posted by Americanmaid70 on August 26, 2009 at 8:40 pm

I wonder….. 
“An unidentified sheriff’s deputy later brought the situation to the couple’s attention. “
Will the Unidentified Deputy” be in court to testify?
I am curious why this “Unidentified Deputy “ didn’t follow chain of command and report this.
Why would he go to the couple ..... if he was acting professionally?
I would be like to know who the “UNIDENTIFIED DEPUTY ..is.
Why wasnt his name in the story?
Isn’t he the Hero?
What’s to hide, after all he didn’t do anything wrong…did He?

Flag Comment Posted by rogersk on August 26, 2009 at 4:36 pm

Now isn’t this just about the most ridiculous thing you have ever heard?  There is nothing sweeter than a little baby’s body…My favorite pix of my children and grandchildren are the ones of them nude in the tub or wherever. Shame on people who make something sexual of this.  They are sweet and innocent and parents know when to stop taking, or dispalaying these pictures, unless, of course, they are perverted.

Flag Comment Posted by DontTread on August 26, 2009 at 1:33 pm

Protect individual liberty and the free market, and the rest will work itself out.

I was hearing about how people are getting in trouble now for having pictures of their kids and grandkids - you know the funny ones where little kids are in the tub playing with bubbles, or running around with no clothes on being silly.  Every family has these.   

Now people are having their lives ruined for them.  A grandmother in NJ got in trouble.  Another guy had jiony custody of his kids.  He had a pic of them in the tub, and he’s spent $300,000 in lawyers fees and had gone to jail and is a registered sex offender. 

This sex thing is a witch hunt.  He have subverted the feminine in this Western society.  Sex is taboo, yet everywhere. 

Granted, there are some sick pervs out there that need to be beaten to a bloody pulp, but they, and the reaction to them, is encroaching.

Flag Comment Posted by rogersk on August 26, 2009 at 12:25 pm

40%....WOW!!!!  I wonder how many of those are underage???  Idealistically, consenting adults ahould be able to do what they choose behind closed doors but, of course , this situation is far from ideal. Maybe this will teach all sides a lesson in personal conduct and discretion.

Flag Comment Posted by rjma on August 26, 2009 at 10:28 am

I’m not sure that it is 40% but it is certainly a lot.  But what you say implies that 40% of all viewers are x-rated fans (I don’t use the term “adult” in this context).

I do think that there are quite a few people in Culp. who have become aware of this incident that had nude pics on their own phone have decided that it is not a good idea and removed them.  Phones are lost or stolen.

Flag Comment Posted by bodielite on August 26, 2009 at 10:21 am

rogersk - 1984 is true.  With unlimited ways to minitor the airwaves and the internet, you never know who is watching.

rjma - over 40% of internet commerce is Adult content.  Most people would look.

Flag Comment Posted by rjma on August 26, 2009 at 10:09 am

I’d like to think that most people would not look at nude pics from someone’s phone.

Flag Comment Posted by rogersk on August 26, 2009 at 9:20 am

I think you are right…I also think it is very disturbing that “Big Brother” is always looking over our shoulders.

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