· 4/7/2010
Fox v. Hayes
Citations
- 600 F.3d 819
- 2010 U.S. App. LEXIS 7154
- 2010 WL 1337738
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a particularly ugly insult” could sustain an IIED verdict for the plaintiff where the defendant knew the plaintiff “was particularly susceptible to emotional distress”
- holding that a police officer interrogating a murdered child’s parents about the murder knew that “the mother of a recently murdered child … was particularly susceptible to emotional distress”
- holding that an officer’s profanity-laced tirade against the mother of a recently murdered daughter was extreme and outrageous, reasoning that the officer “held [the mother’s] family life in the balance and he exploited his position of power to intentionally cause her distress”
- observing that “[t]here is no clear-cut analysis to determine what constitutes conscience-shocking conduct”
- explaining that in the similar context of a jury verdict, the plaintiff’s version of events governs, but “probable cause is determined from the perspective of what the officers knew at the time of the arrest”
- observing that “it does not take much to establish probable cause”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Evans, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.