A police department in Virginia is facing a lawsuit from a man and his girlfriend. The lawsuit alleges that following a DUI arrest, the police seized a cell phone the male plaintiff. The man’s phone contained nude photos of his girlfriend. Upon discovering the photos, the arresting officer called other officers and deputies to come view the photos.
The complaint alleges violations of the plaintiffs’ constitutional rights, invasion of privacy, defamation, and intentional infliction of emotional distress. The plaintiffs are asking for $350,000 in damages.
The plaintiffs were informed of the officers’ actions by a whistleblower within the department.
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