Also known as:emotional distress intentional infliction of · intentional infliction of emotional distress · IIED · infliction of emotional distress · tort of outrage
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability when a defendant engages in extreme and outrageous conduct that intentionally or recklessly causes another severe emotional distress.
Sources & Authorities
How it applies
Common Examples
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Funeral Protest Speech Claim
Elena Estrada organized a peaceful demonstration on a public sidewalk outside a military funeral. Protesters held signs expressing political and moral views about government policy and homosexuality in the armed forces. The deceased soldier's father suffered severe emotional distress and sued for intentional infliction of emotional distress. The court dismissed the claim because the speech addressed matters of public concern in a traditional public forum without additional unprotected conduct.
Magazine Parody Lawsuit
Eric Espinoza, a prominent minister, sued a national magazine after it published a parody advertisement depicting him in a humiliating scenario. The jury awarded damages on the intentional infliction of emotional distress claim. The Supreme Court reversed because the publication contained no false statement of fact made with actual malice and no reasonable reader would interpret it as stating actual facts.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Course Outlines
Hustler Magazine v. Falwell485 U.S. 46 (1988)
Workplace Harassment Allegation
Elijah Edwards, a state employee, alleged that the governor made unwanted sexual advances during a conference and that superiors later altered her duties in retaliation. She sued for intentional infliction of emotional distress. The Court addressed whether the sitting president enjoyed temporary immunity from the civil damages action arising from pre-presidency conduct.
William Jefferson Clinton v. Paula Corbin Jones520 U.S. 681, 117 S. Ct. 1636, 137 L. Ed. 2d 945 (1997)
Insurance Bad Faith Conduct
Esther Eisenberg sued her insurer after it refused to pay a valid claim and engaged in a prolonged campaign of delay and deception. The jury awarded compensatory damages for intentional infliction of emotional distress plus a large punitive award. The Supreme Court reviewed whether the punitive damages bore a reasonable relationship to the harm caused.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Newspaper Investigation Story
Enzo Eastwood, a judicial candidate, sued a newspaper after it published an article accusing him of unethical conduct based on an anonymous source. He claimed the reporting caused severe emotional distress. The Court examined whether the newspaper acted with actual malice by failing to investigate the source's credibility before publication.
Harte-Hanks Communications, Inc. v. Connaughton491 U.S. 657, 109 S.Ct. 2678, 105 L.Ed.2d 562
Employment Discrimination Claim
Emma Erickson, an African American employee, alleged that her employer refused to promote her and subjected her to racial harassment over many years. She brought an intentional infliction of emotional distress claim alongside a federal civil rights action. The Court addressed whether the statute of limitations barred the claim for conduct occurring after the original contract formation.
Patterson v. McLean Credit Union491 U.S. 164 (1989)
Common questions
Frequently Asked
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When does the First Amendment bar an intentional infliction of emotional distress claim based on speech?+
The First Amendment bars recovery when the speech addresses matters of public concern, occurs peacefully on public land, and lacks additional unprotected conduct such as true threats or incitement. Offensive signs at a funeral or memorial do not remove protection if the expression remains political commentary in a traditional public forum.
Does a public figure need to prove actual malice to recover for intentional infliction of emotional distress?+
Yes. A public figure cannot recover absent a false statement of fact made with actual malice. Hurtful parody or opinion that no reasonable person would take as stating actual facts does not support liability.
Can a plaintiff recover for intentional infliction of emotional distress when speech occurs near a funeral?+
Recovery is barred when the speech concerns public issues, remains peaceful, and takes place on public property. The emotional impact on mourners does not strip the expression of constitutional protection.
485 U.S. 46 (1988)Torts
…affairs, sued petitioner and its publisher, petitioner Larry Flynt, to recover damages for invasion of privacy, libel, and intentional infliction of emotional distress. The District Court directed a verdict against respondent on the privacy claim, and submitted the other two claims to a jury. The jury found for petitioners on the defamation claim, but…