extreme and outrageous conduct

Marine Lance Corporal Matthew Snyder was killed in action in Iraq. His father, Albert Snyder, arranged for the funeral to be held in Westminster, Maryland. Members of the Westboro Baptist Church, an unincorporated association founded by Fred Phelps, learned of the funeral through local newspapers and decided to picket it to communicate their belief that God punishes the United States for its tolerance of homosexuality. On the day of the funeral, Westboro members displayed placards on public land approximately 1,000 feet from the church where the service was held. The signs included messages such as "God Hates the USA," "Thank God for Dead Soldiers," "Pope in Hell," "Priests Rape Boys," "You’re Going to Hell," and "God Hates Fags." The picketing took place for about 30 minutes before the funeral began. The funeral procession passed within 200 to 300 feet of the picketers. Church members also posted an online "epic" that discussed Matthew Snyder’s funeral and criticized his parents. Albert Snyder filed a diversity action in the United States District Court for the District of Maryland against Fred Phelps, his daughters, and the Westboro Baptist Church. The suit alleged claims for intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy. A jury found for Snyder and awarded $2.9 million in compensatory damages and $8 million in punitive damages. The district court reduced the punitive damages award to $2.1 million but left the verdict otherwise intact. The Fourth Circuit reversed the judgment, holding that Westboro’s statements were protected by the First Amendment. The Supreme Court granted certiorari to review whether the First Amendment shields the church members from tort liability for their picketing speech.

In March 1989 the Exxon Valdez supertanker grounded on Bligh Reef in Prince William Sound, Alaska, releasing millions of gallons of crude oil. Exxon Shipping Company, the vessel's owner and now known as SeaRiver Maritime, Inc., together with its parent Exxon Mobil Corporation, confronted widespread liability from the spill. The company settled a class action brought by more than 32,000 commercial fishermen, Native Americans, landowners, and others for $2.5 billion in compensatory damages. Exxon also pleaded guilty to violations of the Clean Water Act, the Migratory Bird Treaty Act, and the Refuse Act, paying $150 million in criminal fines, and spent an additional $2.1 billion on cleanup. Respondents, other persons whose businesses and livelihoods were disrupted by the spill, filed this civil action seeking punitive damages. The United States District Court for the District of Alaska divided the plaintiffs into three classes and conducted a three-phase trial. In the first phase the jury found Exxon Shipping Company and Captain Joseph Hazelwood, the ship's master, reckless and therefore potentially liable for punitive damages. In the second phase the jury awarded $5 billion in punitive damages against Exxon. The District Court later reduced the punitive award to $2.5 billion. On appeal the Ninth Circuit reinstated the jury's original $5 billion punitive damages award. The Supreme Court granted certiorari to consider whether the $2.5 billion punitive damages award was excessive under maritime law.

On November 28, 1997, Oxnard, California police officers Maria Peña and Andrew Salinas stopped respondent Oliverio Martinez on a bicycle while investigating suspected narcotics activity in a residential area. After Martinez complied with orders to dismount and place his hands behind his head, Salinas conducted a patdown and discovered a knife in Martinez's waistband. An altercation followed in which Salinas yelled that Martinez had taken his gun. Peña then shot Martinez multiple times, leaving him permanently blinded and paralyzed from the waist down. Petitioner Ben Chavez, a patrol supervisor, arrived minutes later with paramedics and accompanied Martinez to the hospital. At the hospital, Chavez questioned Martinez in the emergency room for approximately ten minutes spread over a forty-five-minute period while medical personnel treated his injuries. Martinez initially responded with statements such as "I don't know," "I am dying," and "I am choking," but later admitted taking the officer's gun and using heroin regularly. Martinez also stated at one point, "I am not telling you anything until they treat me," yet Chavez continued the interview. No Miranda warnings were given at any time during the questioning, and a tape recording of the exchange was made. Martinez was never charged with any crime, and none of his statements were ever used against him in a criminal prosecution. He subsequently filed suit under 42 U.S.C. § 1983 against Chavez. He alleged that the questioning violated his Fifth Amendment right not to be compelled to be a witness against himself and his Fourteenth Amendment substantive due process right to be free from coercive questioning. The District Court granted summary judgment to Martinez on Chavez's qualified immunity defense with respect to both the Fifth and Fourteenth Amendment claims. The Ninth Circuit affirmed the denial of qualified immunity, holding that Chavez's conduct violated Martinez's clearly established constitutional rights. The Supreme Court granted certiorari to review the Ninth Circuit's decision.

The events began when Assistant Principal Kerry Wilson called 13-year-old Savana Redding from her math class at Safford Middle School to his office. Wilson showed Redding an open day planner containing knives and other contraband as well as four prescription-strength ibuprofen 400 mg pills and one over-the-counter naproxen 200 mg pill. Redding denied knowing about the pills and explained that she had lent the day planner to her friend Marissa. Wilson told Redding he had received a report that she was giving pills to students. After Redding agreed to a search of her belongings, Wilson and administrative assistant Helen Romero searched her backpack but found nothing. Wilson then sent Redding to the nurse's office with Romero to search her clothes, where nurse Peggy Schwallier and Romero directed Redding to remove her outer clothing and pull out her bra and the elastic on her underpants, exposing her breasts and pelvic area to some degree, though no pills were found. About a week before the search, a student named Jordan told school officials that students were bringing drugs and weapons on campus and that he had become ill after taking pills from a classmate. On the morning of October 8, Jordan handed Wilson a white pill he said came from Marissa Glines and reported that students planned to take pills at lunch. The school nurse identified the pill as prescription-strength ibuprofen. Wilson called Marissa out of class, obtained the day planner containing contraband, and during a search of Marissa recovered a blue pill, several white ones, and a razor blade; Marissa identified Savana as the person who gave her the pills. Savana's mother sued the school district and the three officials alleging a Fourth Amendment violation. The district court granted summary judgment for the officials on qualified immunity grounds. A Ninth Circuit panel affirmed, but the Ninth Circuit en banc reversed the summary judgment as to Wilson while affirming as to Romero and Schwallier. The Supreme Court granted certiorari.