Racial Slurs as Actionable Intentional Infliction of Emotional Distress
A recent court case has allowed a plaintiff to proceed with a claim of intentional infliction of emotional distress based on racial slurs. The plaintiff, an African American parking lot attendant, alleges that the defendant used derogatory language towards him multiple times. The court emphasized that for such a claim to succeed, the conduct must be deemed extreme and outrageous by societal standards.
- ▪The plaintiff is an African American parking lot attendant who experienced racial slurs from the defendant, Noble.
- ▪The court ruled that the plaintiff's claim of intentional infliction of emotional distress could move forward.
- ▪To establish liability for emotional distress, the conduct must be extreme and outrageous, exceeding societal norms.
Opening excerpt (first ~120 words) tap to expand
Free Speech Racial Slurs as Actionable Intentional Infliction of Emotional Distress Eugene Volokh | 5.21.2026 8:01 AM From Allen v. Noble, decided last week by Judge Latonia Williams (Conn. Super. Ct. New Haven), plaintiff's factual allegations (for Noble's side of the story, as to the now-dropped criminal charges against her apparently based on the same incident, see this N.Y. Post op-ed—she denies that she used slurs, and claims that surveillance video footage shows "[n]o confrontation, not even any interaction, with the accuser"): [P]laintiff alleges the following facts. The plaintiff is an American citizen of African descent, who, during the times alleged in the complaint, was employed as a parking lot attendant for Pro-Park Mobility.
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