Jones v. Clinton - Rational: There was no solid proof of...

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Jones v. Clinton 990 F. supp 657 (1998) Fact: Procedural Facts: This is for a summary motion to dismiss. After it was remanded by a upper court, dismissing immunity. Operative Facts: Mrs. Jones was working at a State employee of Arkansas, and President Clinton (Governor of Arkansas at the time), called her into his room. He complimented her hair and body, and she resisted, pulling away. He then dropped his pants and while touching himself, he said “I don’t want to make you do anything you don’t want to” as she moved away. Then he pulled up his pants and she left. Issue: Was there enough evidence for an IIED claim. Rule: IIED happens, if the balancing test of, whether, the conduct was extreme and outrageous and utterly intolerable in a civilized community, and if the distress was so severe in nature that no reasonable person could be expected to endure it. + more
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Unformatted text preview: Rational: There was no solid proof of circumstantial evidence that she suffered an extreme emotional distress. No sick days, she remained at work, she didnt file a complaint, ect. Also the duration of the moment was brief, and it is considered a sexual proposition or encounter, that did not involve any coercion or threats of reprisal, and was abandoned as soon as plaintiff made it clear that the advance was not welcome. Holding: Narrow Holding: There is no IIED, if a sexual proposition was brief and aborted as soon as the plaintiff did not welcome the advance, and there was no signs of an emotion Broad Holding: If an encounter is brief and there is no signs of damages, through circumstantial evidence, then there is no IIED. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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