By Nate Delesline III
Culpeper Star-Exponent
CULPEPER, Va. — The Culpeper Police Department is facing lawsuits from two Culpeper residents who say their privacy was violated when sexually explicit pictures on a cell phone were deliberately shared among officers and deputies after an arrest.
Filed late last month in U.S. District Court in Charlottesville, the plaintiffs, Nathan Newhard and Jessie M. Casella, each seek unspecified compensatory damages and $350,000 in punitive damages.
Named in the suits are the CPD, Chief Scott Barlow and a former sergeant alleged to have distributed the photos.
The six-count civil 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.
A court date has not been set.
According to the complaints, the incident began during the early morning hours of March 30, 2008, when Newhard was arrested by an unidentified town officer and charged with DUI and three other misdemeanors.
While in custody, the complaint says, Sgt. Matt Borders gained control of Newhard’s cell phone, which contained nude photographs of Casella, his girlfriend.
“Borders then alerted other officers in the station house so they could view the private picture messages without permission,” says the complaint.
After alerting officers in the building, Borders is accused of using his police radio to invite other officers to view the pictures at the station.
“Several officers not associated with the arrest of Nathan Newhard travelled to the Town of Culpeper Police Department headquarters to view the private picture messages,” the complaint states.
“Defendant Borders’ actions of displaying the private explicit picture messages of plaintiff Casella were brutal, demeaning and shocking to the conscience,” the complaint continues.
“Borders’ conduct offended the generally accepted standards of decency when he announced over the (radio system) that other town officers who wanted to see the nude pictures should come into the station.”
According to the lawsuit, an unidentified sheriff’s deputy brought the situation to the couple’s attention. As a result, Newhard claims he was forced to resign his teaching position with Culpeper County Public Schools after news of the incident was leaked to school officials.
Casella, a specialist in equine hoof care, also says the incident seriously harmed her professional career.
Barlow confirmed Friday afternoon that Borders resigned in December. Borders is the only person other than Barlow identified by name in the suit.
Barlow said by e-mail that the town had not officially been served with the suit and stopped short of directly linking the suit and last year’s alleged incident.
“We did receive and investigate an internal complaint that is very likely in reference to this,” Barlow said. “I am confident that we handled the complaint appropriately and professionally. Based on a potential pending lawsuit, I cannot comment any further.”
Veronica Robinson, one of two attorneys representing the plaintiffs, said their investigation recently uncovered new information and the complaint filed last month will likely be amended to include new information as it is discovered.
“We do have some people who gave us information that the information was shared outside the Police Department,” she said. “The more we learn, the more we see the type of case we have.”
Copyright 2009 Culpeper Star-Exponent