I need information on how a student would file a tort of intentional infliction of emotional distress against a teacher making racist remarks. What would make the case stronger in court?
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Anonymous
ANSWERS: 3
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First and foremost, you have to prove that it was intentional. Then, you have to show the effects of the emotional distress, i.e. any medical condition resulting from the event, medical attention to have received, medication taken and any other damanges suffered or incurred as a result. Then, you have to have luck on your side. Oh, yeah, and don't forget that you need a lawyer too, cause that's not one you're gonna do on your own
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These are the elements of a tort claim for intentional infliction of emotional distress: 1) Defendant acted intentionally or recklessly 2) Defendant’s conduct was extreme and outrageous 3) Defendant’s act is the cause of the distress 4) Plaintiff suffers severe emotional distress as a result of defendant’s conduct. You'll need to demonstrate that there was a PATTERN of behavior rather than just an isolated incident. You need to show too that YOU were vulnerable and the defendant knew you were vulnerable. You need to prove you suffered because of the Defendant's acts, so you need to be able to tangible proof of suffering - either physical or a medical person's evaluation that you couldn't continue with school or you broke out in hives, needed extensive treatment, etc. It is very difficult to win an IIED case because you can't really quantify emotional distress. Judges tend to dislike these cases too, and there is an extremely high standard of proof. However, you may be better off filing a civil rights complaint regarding the racism.
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Based on the facts provided, you have no case for intentional infliction of emotional distress. Words are almost never enough to legally inflict emotional distress. The First Amendment to the Constitution protects our right to make racist remarks. IIED requires that the conduct be "extreme and outrageous." Extreme and outrageous means conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Since our civilized community values the freedom of speech and expression, even unpopular speech and expression, such conduct can never be "intolerable" in our community. Is this a public school? If so, there could be other causes of action available to you, but IIED is not present on these facts.
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