“… In the case of the Capitol Hill riot, one possible method of legal redress for the injured parties would be to bring a tort claim for intentional infliction of emotional distress (IIED) against the rioters responsible. Though courts generally deny recovery for IIED when the emotional harm alleged is unaccompanied by physical injury, all fifty states recognize IIED as a valid cause of action. In California, as in most states, an IIED claim has four elements: the plaintiff must demonstrate that the defendant (1) engaged in extreme and outrageous conduct; (2) with the intent to cause or with reckless disregard of causing emotional distress; (3) that the plaintiff suffered severe emotional distress; and (4) that the defendant’s conduct was the actual and proximate cause of the emotional distress …”
Ayesha Rasheed, Reasonably Outrageous? Tort Standards for a Polarized Body Politic, California Law Review Online, February 2021.
First posted 2021-02-09 08:39:37
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