Cheatham v. Pohle
Indiana Supreme Court
789 N.E.2d 467 (Ind. 2003)
After Doris Cheatham (plaintiff) and Michael Pohle (defendant) divorced, Pohle photocopied nude pictures of Cheatham he had kept, added her personal information, and posted them around her community. Cheatham sued for invasion of privacy and intentional infliction of emotional distress, and a jury awarded her $100,000 in compensatory and $100,000 in punitive damages. Under an Indiana statute, 75 percent of any punitive damages award went to the state, with only 25 percent going to the plaintiff. Cheatham appealed, arguing this statute violated the Takings Clause of the federal and state constitutions.
Whether a state statute requiring that a percentage of a plaintiff's punitive-damages award be paid to the state, rather than to the plaintiff, is an unconstitutional taking.