IIED Flashcards

What is the prima facie case for IIED?

• A intended to inflict emotional distress

• A’s conduct was extreme and outrageous 

• A’s conduct caused P’s distress 

• P’s emotional distress was severe

What mental state satisfies IIED?

Purpose, knowledge of a high probability of severe distress, or recklessness under the applicable rule.

What qualifies as extreme and outrageous conduct?

Conduct beyond all bounds of decency; mere insults or offensive conduct are insufficient.

How severe must emotional distress be?

So severe that a reasonable person could not be expected to endure it.

Wilkinson v. Downton — Facts and rule?

Fake report that P's husband was gravely injured; D need not intend the precise resulting harm.

Nickerson v. Hodges — Facts and rule?

Fake buried-treasure prank exploiting known vulnerability; supports outrageousness and liability.

Dickens v. Puryear — Facts and rule?

Beating and threat of future death; future threats can support IIED without imminent assault.

Littlefield v. McGuffey — Facts and rule?

Racist housing harassment and threats; severe distress need not produce physical symptoms.

Jones v. Clinton — Why did IIED fail?

Brief unwanted advance without coercion or threats did not satisfy outrageousness.

Hunt v. State

Police officer deliberately intimidated an innocent 8-year-old with threats of jail to obtain another child's confession. Rule: Abuse of authority and plaintiff's vulnerability can make conduct extreme and outrageous.