The People vs CJ Pearson
In the state of New Columbia, Alex Billings has accused CJ Pearson, previously a friend, of intentional infliction of emotional distress. This all started because CJ invited Alex to a “Go-go” and Alex wore a weird outfit. (30) All of the “distress” happened over text, on MyFace, and in person with comments that Pearson intended as jokes. CJ Pearson is not guilty of intentional infliction of emotional distress because one, he did not meet all of the requirements in his Post Traumatic Stress Disorder (PTSD) test that the erudite professor gave him; and two, Alex Billings might have had another motive for staying home from school.
Alex Billings does not have PTSD. According to the test that the therapist gave to him, he
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Alex said in his testimony “I gave a fake number for my parent – I knew I’d want to skip some days and not get in trouble when I did.” (11) Here, Alex is saying that he had already planned to skip school which explains the fact that Alex Billings missed a lot of school days. In her testimony, his mother stated, “He had missed more days of school than he had attended! Also, his grades were terrible! And I did not receive so much as a phone call about this from KHS! They didn’t even notice that he wasn’t there.” (16) Of course, his mother wouldn’t receive a phone call. Her son had the audacity to give the school a fake number, making it impossible for the school to get ahold of her. “With school as bad as it was, video games became my main priority. I would stay up all night to beat a level.” (12) It is likely that Billings just wanted to stay home from school and play video games, and his absences had nothing to do with Pearson’s comments whatsoever. CJ Pearson should not be charged with intentional infliction of emotional distress because it is very clear that Billings had another motive to stay home.
Some might say that he is not a model student and that he has been suspended twice, so of course, he would pull a stunt like this. However, those offenses had nothing to do with “intentional infliction of emotional distress”, it had to do with graffiti. “As for Pearson, he isn’t a model student: I heard from the junior high
On December 7, 2009, Kenneth Dascoli was at the home of his ex-wife with his current girlfirend, his ex-wife’s friend, and Dascoli’s half-brother. Dascoli and his half-brother consumed a significant amount of alcohol when a verbal argument developed. The argument escalated and Dascoli’s brother
Issue: Under Kentucky tort law, does intentional infliction of emotional distress occur when a person suffers severe insomnia and anxiety as a result of witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone?
Boone, Katherine. "The Paradox of PTSD." Wilson Quarterly. 35.4 (2011): 18-22. Web. 14 Apr. 2014.
The present session depicted in the video is Kelly’s third CPT session, where the goal is to identify thoughts and feelings through the use of an A-B-C worksheet while discussing “stuck points” and addressing self-blame issues (Resick, Monson, & Chard, 2014). The clinician notices Kelly expressing slight anxiety and engages her in a deep breathing exercise to help her relax. In the first session, the clinician educated Kelly on PTSD and her presenting symptoms; this was then revisited again in the present session (08:16). An “impact statement” was also assigned in the previous session, and Kelly was asked to present this aloud (10:49). The verbalization of the statement in a safe environment helps the client process their thoughts differently
The 1996 movie, The People vs. Larry Flynt, is a story about Larry Flynt, owner of Hustler Magazine, getting in trouble with legal issues due to his magazines containing sexual explicit content. Larry had previous history of owning many strip clubs throughout Ohio, which initially led him into producing these magazines. People throughout the country attempted to stop Larry from producing these magazines saying that it violated many “community standards” but that didn’t stop him and he was willing to speak up for his rights. Later, Jerry Falwell sues Larry for publishing a parody of him having a sexual experience with his mother. The trial court found Falwell and his intentional infliction of emotional distress claim to be true and
Psychology in Seattle Podcast: Duty to Warn (2012) was hosted by Kirk Honda with guest Joseph Shaub. Honda and Shaub discussed a counselor’s duty to warn if they feel their client is a danger. Shaub provided background information about the Tarasoff case in California and a case in Washington State. The Tarasoff case involved a male individual that had made threatening remarks about a woman to his therapist. The therapist contacted the police, who took him in for questioning. The police determined that the man was not going to do anything and the woman was out of the country. The man then became friends with the woman’s brother. The man got closer to the woman, and then one night stabbed her in her home. The family of the woman found out that
Even though Angelo’s case is a difficult one doesn’t mean there isn’t a simple solution that can resolve it. In general, faculty at schools needs to look at every individual’s case differently, and not generalize everyone’s situation. In this case, Dr. Sterling has a hard decision to make on whether to punish Angelo by suspension, or to let him go with a warning. Honestly, I don’t agree with either of those decisions because they are on two complete opposite sides of the spectrum in Angelo’s case. In determining Angelo’s punishment instead I feel that the punishment should fit the crime, the situation should be thoroughly investigated, and that the student’s guardians should be contacted before any punishment is given to Angelo.
On Tuesday, September 26, 2017 at approximately 2:15PM I was exiting the security office for dismissal at HAAS. When I entered the vestibule area I noticed a parent in the main office, who appeared agitated. I entered the office area and I asked if I could assist her, she told me she was meeting with a teacher. I asked her if she had an appointment and who was the teacher, she proceeded to tell me it was with Mr. Greg MAZUREK, and referred to him as a "pedophile." I instructed her to refrain from using that terminology, and she continued by stating, HUDOCK and MEARS, both HAAS Teachers were also pedophiles. Mrs. Marie ERNST, HAAS Assistant Principal, heard the parents' allegations, and we directed the parent and daughter into Mrs. ERNST's office and closed the door to continue the allegations in a confidential manner. I asked the parent her name, she identified herself as Mrs. Tracey LEONARD and her daughter Sydney LEONARD, grade 11. Mrs. LEONARD stated she was here because of a "0" that Sydney received for not completing an assignment. Mrs. ERNST told Mrs. LEONARD she would talk to Mr. MAZUREK regarding the grade and would rectify the concern regarding Sydney's grade.
In document D the court sided with the students, but the students must serve ten days, but the ten day suspension will not be shown on their records. It must pose a threat, there was no threat so they sided with the students.In document C, the school suspended the student, but that was because the student caused a threat against the targeted student, S.N. If the student did not target S.N. and say the students name and harm her directly then there would probably be no suspension.J.S created a MySpace profile (“the profile”) making fun of her middle school principal, James McGonigle. The profile did not name the principal or his school, but did include a photo of him and contained some vulgar and offensive language.J.S. did not name the principal or the school, she did not directly target the principal even though a photo of the principal was on the page.This evidence helps explain why schools should not limit students’ online speech because it didn 't cause a substantial disruption.
Journal of the American Academy of Psychiatry and the Law, 28. (2000): 315-324. Web. The Web. The Web. 13 Apr 2011.
... crying.” The plaintiff alleges violations of his constitutional rights under 42 U.S.C. §§ 1983 and 1988 (2000) and civil rights conspiracy in violation of 42 U.S.C. §§ 1983 and 1985 (2000). The defendant moved to dismiss the complaint in its entirety on the basis of qualified immunity. The court dismissed the state law claims but found that the defendant had in fact violated the plaintiff’s constitutional rights due to the fact that “a state actor, through his agents, cannot randomly beat a student.” The defendant was also denied dismissal of the claim based on qualified immunity because a state actor cannot arbitrarily commit violence against a student. The plaintiff was able to show that Coach Edmundson’s conduct did violate his constitutional right of substantive due process to be free from the infliction of malicious corporal punishment by school official.
Psychological maltreatment is also often referred to interchangeably as emotional or mental abuse. This refers to any form of maltreatment that can be categorized as an individual being subjected to the activities of another individual that frequently result in any form of mental trauma of the victim. Psychological maltreatment can be seen as one of the most serious and slightly overlooked problems in modern society (Lesson & Nixon, 2010). In general, psychological maltreatment is considered any kind of abuse that is emotional opposed to physical in nature. Nevertheless, there is much controversy regarding the true definition and consequences of psychological maltreatment. As of now, psychological maltreatment is one of the most difficult forms of maltreatment to detect and
On August 20th, 1989 Lyle and Erik Menendez killed their parents inside their Beverly Hills home with fifteen shot gun blasts after years of alleged “sexual, psychological, and corporal abuse” (Berns 25). According to the author of “Murder as Therapy”, “The defense has done a marvelous job of assisting the brothers in playing up their victim roles” (Goldman 1). Because there was so much evidence piled up against the brothers, the defense team was forced to play to the jurors’ emotions if they wanted a chance at an acquittal. Prosecutor Pamela Bozanich was forced to concede that “Jose and Kitty obviously had terrific flaws-most people do in the course of reminding jurors that the case was about murder, not child abuse” (Adler 103). Bozanich “cast the details of abuse as cool, calculated lies” (Smolowe 48)...
Stress and stress injuries such as PTSD may contribute to misconduct in service members and
As we drove up to him, the melon man was holding one-quarter of a bright red watermelon in one hand and his other was extended palm-up for payment. My father's face, already red from the heat, turned a deeper shade of crimson while his mouth opened and closed in wordless rage at the flagrant price gouging. A former fourteen-year-old merchant marine cabin boy apprenticed to masters in the art of profanity, he possessed an eloquent four-letter vocabulary that, when provoked, he could wield with the precision of a surgeon's scalpel. In 1961, I'd never heard of 'Post Traumatic Stress Syndrome.' No one had. My father was only sixteen years removed from an unimaginably stressful life as a child spy who had delivered pastry to the headquarters of the German High Command in Berlin. The unsuspecting melon man was standing in the crosshairs of a verbal flamethrower that could incinerate its victim in four