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| Inmate loses appeal on nude photo lawsuit |
| By Associated Press |
| Published: 04/04/2005 |
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A Pennsylvania appeals court dismissed a lawsuit filed by a prison inmate who claimed police wrongly developed nude photos of his ex-wife and showed them off to police station employees. Jody Gabriele, representing himself, filed a lawsuit in June 2003 seeking $4 million in damages and claiming Sharon police developed two rolls of film he was carrying when he was arrested in October 2001. The film had nothing to do with his criminal case, Gabriele's lawsuit claimed. Police developed the film and Sgt. Walter Bedich showed off the pictures "like they were his trophy," according to the lawsuit. But a Mercer County judge dismissed the lawsuit in November, ruling Gabriele did not properly notify defendants of the lawsuit. Gabriele appealed to the Commonwealth Court, but the appeals court dismissed the lawsuit last week because Gabriele missed filing deadlines. He can still ask the state Supreme Court to hear an appeal, said Mary Catherine Barkman, an attorney who represents Sharon, its police department, police Chief Thomas Burke and Bedich. Police officials have denied any wrongdoing. The Mercer County district attorney investigated the allegations and found no evidence of criminal activity, police officials said. |
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