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Brandon v. County of Richardson

Nebraska Supreme Court

624 N.W.2d 604 (2001)

Relevant factsFree

After Teena (a transgender man) reported being violently beaten and raped by Lotter and Nissen to Sheriff Laux (defendant), Laux questioned him in a graphic, confrontational manner captured on tape, despite knowing Teena had just been assaulted and that the attackers had criminal histories and had explicitly threatened Teena's life. Teena was later murdered by the same attackers. Teena's mother, JoAnn Brandon (plaintiff), sued the county and Laux for negligence, wrongful death, and intentional infliction of emotional distress; the trial court found negligence but heavily reduced the award for the attackers' own intentional torts and Teena's contributory negligence, and separately denied the emotional-distress claim entirely, prompting Brandon's appeal.

IssueFree

Whether extreme and outrageous conduct by a person in a position of power can give rise to a claim for intentional infliction of emotional distress.

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