Brandon v. County of Richardson

Brandon v. County of Richardson - Brandon v. County of...

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Brandon v. County of Richardson 261 Neb. 636 (2001) Fact: Operative Facts: Brandon was originally a girl, but had general identity disorder and associated himself as a boy. After he started dating a woman, he went to a party. There at the party she was beaten and raped by a couple of boys, and when she went into questioning, Laux, the officer, questioned her in a very offensive manner. He knew that she was raped, and the brusies on her face indicated that she was beaten. However, he asked about the graphic nature of the rape, and other questions not associated to the incident, such as what she felt about the gender disorder, and referring her to “it.” Issue: Whether the act would be considered a tort of Intentional Infliction of Emotional Distress. Rule: Intentional Infliction of Emotional Distress maybe found when: (1) An actor’s conduct is intentional or reckless, by means of physical or verbal nature, that is considered extreme and outrageous; and (2) Is so severe in nature, beyond all bounds of common decency; and
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