By BEN KLEPPINGER

ben.kleppinger@amnews.com

A lawsuit that alleged a Danville AT&T employee had illegally taken nude photos from a customer’s phone has been dismissed after an agreed order was signed.

The dismissal with prejudice of the suit filed by Harrodsburg woman Whitney Whited was entered at the Boyle County Courthouse on Feb. 8. 

In May 2016, Whited sued AT&T and a former employee at the Danville AT&T store, Travis Applegate, alleging invasion of privacy, infliction of emotional distress and negligence.

Whited alleged she brought a broken iPhone to the store in October 2014 and Applegate offered a replacement iPhone and a $100 credit for her broken iPhone.

The suit claimed that after taking possession of the broken phone and promising to wipe the device of all its contents, Applegate instead took images off the phone, including photos of Whited “in an undressed or semi-dressed state.”

Danville police seized a computer, iPad,  audio device, iPhone 6, a camera and two more cellphones from Applegate’s residence in December 2014. The items were sent to the Kentucky State Police Electronic/Forensic Laboratories for analysis and KSP found 78 nude or semi-nude personal photographs of Whited, a nude video of Whited and “numerous other photos of unknown females in an undressed or semi-undressed state,” according to court documents.

According to the agreed order that led to the dismissal of the case, the parties involved signed an order on Sept. 19, 2016, “which required the production of certain information from electronic data belonging to (Applegate).”

Under the order, the City of Danville agreed to give to attorneys for Whited and AT&T “all information, data and photos and videos contained on the devices seized by the Kentucky State Police from Defendant Travis Applegate and now in the possession of the Danville Police Department, to the extent that the materials contain images of the plaintiff or contain text messages, emails or phone calls made between plaintiff Whitney Whited and Defendant Travis Applegate.”

No criminal charges were ever filed in the case.