Cheatham v. Pohle

Name

Cheatham v. Pohle

Supreme Court of Indiana, 2003

789 N.E.2d 467

Relevant Facts

The plaintiff Doris Cheatham and the defendant Michael Pohle divorced in 1994, and Pohle retained nude and compromising photographs of Doris.  He made copies of the porn and added her name, work location and phone number and then distributed the copies around the community where they lived and worked.

Procedural History

Cheatham filed suit 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.  75% of the punitive damages were awarded to the treasurer of the state, to which the plaintiff appeals.

Issues

Whether a plaintiff has a right to collect all punitive damages awarded by the jury or whether the state may enact legislature that provides a percentage of the punitive damages awarded to the a fund.

Holding/Decision

Judgment affirmed.

Rules

The purpose of punitive damages is not to make the plaintiff whole or to attempt to value the injuries of the plaintiff, but to deter and punish wrongful activity.  Thus civil plaintiffs have no rights to receive punitive damages.

*note: A claim for punitive damages can be sustained only if it is accompanied by a viable claim for compensatory damages.