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Graham v. Guilderland Central School District

Appellate Division of the Supreme Court of New York

256 A.2d 863 (1998)

Relevant factsFree

Teacher Birchler (defendant), attempting to illustrate why the word "faggot" shouldn't be used to describe gay people, instead used a racial slur directed at his only African American student, Graham (plaintiff), asking her to describe how it felt to be called that word; Graham and her parents sued the school district and Birchler (defendants) for intentional infliction of emotional distress, and the trial court dismissed for failure to state a claim.

IssueFree

Whether, to state a claim for intentional infliction of emotional distress, the defendant's offensive conduct must be extreme and outrageous.

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