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Title: Discovery in Penis Pic Case Gets Interesting
Source: CNS
URL Source: http://www.courthousenews.com/2014/04/25/67355.htm
Published: Apr 25, 2014
Author: BARBARA LEONARD
Post Date: 2014-04-27 12:04:48 by X-15
Keywords: None
Views: 4214
Comments: 6

WASHINGTON (CN) - Accused of texting a picture of his hand gripping his penis, a D.C. police sergeant might have to produce the real deal to the court for the purpose of comparison, a federal judge ruled.

Laverne Battle is suing the District of Columbia and Sgt. Kevin Pope, her direct supervisor at the Metropolitan Police Department, for sexual harassment in violation of Title VII of the Civil Rights Act of 1964.

She claims, as an example of such harassment, that Pope texted her in June 2010 a picture of his left hand holding his penis.

Battle filed a color copy of that photograph with the court and then moved to compel Pope's production of a photograph of his left hand and penis for the purpose of comparison.

U.S. District Judge Ellen Huvelle on Thursday decided only to have Pope submit "a photograph of his left hand (including thumb and forefinger) positioned in a manner similar to the hand in the photograph" that Battle filed. (Parentheses in original.)

Huvelle said she will consider that image in chambers and in the meantime "hold in abeyance any ruling on plaintiff's motion to compel Sergeant Pope to produce a photograph of his penis."

In fighting production, Pope had argued that the sought-after discovery "would be unjustifiably dehumanizing and embarrassing for him."

Huvelle rejected Battle's claim that Pope would be harmed only if the evidence went to trial.

"The requirement that Sergeant Pope produce the requested photograph is alone dehumanizing and embarrassing, notwithstanding whether the photograph is ever presented to a jury," the four-page opinion states (emphasis in original).

Pope and the city have noted that Battle received a new cellphone "less than two days before she received the lewd picture message, which came from a phone number traced to Indiana."

She claims "there is a strikingly close resemblance between Sgt. Pope's left thumb and forefinger and the same body parts depicted" in the photograph, according to the ruling.

But Huvelle said her "in camera review of the grainy, poorly-lit photograph at issue" leaves her "skeptical of plaintiff's confidence that a photograph of Sergeant Pope's penis would be of any comparative value."

"Nor is the court satisfied that there is no less intrusive alternative to requiring Sergeant Pope to produce a photograph of his penis," she added.


Poster Comment:

A pig, a penis in question, offended sensibilities......endless humor in this article!! :)

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#1. To: X-15 (#0) (Edited)

Do people's brains dis-connect when they get a camera phone?

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2014-04-27   12:32:20 ET  Reply   Trace   Private Reply  


#2. To: Lod (#1) (Edited)

Do people's brains dis-connect when they get a camera phone?

He was disconnected before he got the camera phone, when he became an enforcement guy...

"The 'uniter' has brought the entire world together - to despise and deride us." Lod

Bub  posted on  2014-04-27   14:04:36 ET  Reply   Trace   Private Reply  


#3. To: X-15 (#0)

U.S. District Judge Ellen Huvelle on Thursday decided only to have Pope submit "a photograph of his left hand (including thumb and forefinger) positioned in a manner similar to the hand in the photograph" that Battle filed.

That is reasonable. The hand alone may be enough to prove if they are different. If the photo of the hand indicate guilt, Sergeant Pope would have the right to produce a photograph of his penis, to prove he is not guilty.

DWornock  posted on  2014-04-27   14:54:19 ET  Reply   Trace   Private Reply  


#4. To: DWornock (#3)

Something tells me that Pope's not producing the pole.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2014-04-27   15:03:25 ET  Reply   Trace   Private Reply  


#5. To: Lod (#4)

Something tells me that Pope's not producing the pole.

I believe you are right--not willingly at least. Of course I could be wrong as I too often am. Therefore, I admit that I'm an not 100% certain that the photo is his hand and pole.

DWornock  posted on  2014-04-28   1:54:20 ET  Reply   Trace   Private Reply  


#6. To: X-15, christine, Dakmar, James Deffenbach, Jethro Tull, Original_Intent, Ada (#0)

It's a damned shame that black male pride should crash head on with black female self respect.

When one considers how Hollywood has elevated the black male penis to mythological proportions, can we really blame anyone who is regularly impulsed to flash his junk? (or spit in white people's food?)

Not everyone's wedding tackle is suitable for museum display the way Grigori Yefimovich Rasputin's is.

 photo 001_13RASPUTIN_A0.jpg

HOUNDDAWG  posted on  2014-04-28   2:26:23 ET  (1 image) Reply   Trace   Private Reply  


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