A court will likely find that Sean Winter’s abuse of authority contributes to a finding of outrageousness under Angeline Jean’s IIED claim. Abuse of authority, under Florida Law, is a factor that can strengthen the outrageousness element of an IIED claim. McAlpin v. Sokolay, 596 So.2d at 2. Abuse of authority occurs when a plaintiff suffers severe emotional distress as a consequence of a relationship with the defendant, who uses actual or apparent authority over the plaintiff or power to affect his interests. Id. Abuse of authority can occur when an actor uses their position of authority to discriminate against or inflict shame on another. Korbin v. Berlin, 177 So.2d 552. Civitella v. Pop Warner Football Team of Shelton, Inc., 41 Conn. L.
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Korbin v. Berlin, 177 So.2d 552. Civitella v. Pop Warner Football Team of Shelton, Inc., 41 Conn. L. 96. In Korbin, the teacher attempted to shame the plaintiff, her student, for the alleged actions of the plaintiff’s mother, which constituted an abuse of authority. Korbin v. Berlin, 177 So.2d 552. The teacher’s position as head of the classroom, combined with her insensitive comments to shame the plaintiff, qualified as an abuse of authority. Id. The use of discriminatory language can be an abuse of authority, depending on the relationship that the offender has to the victim. Civitella v. Pop Warner Football Team of Shelton, Inc., 41 Conn. L. 96. In Civitella, the coach’s discriminatory language was considered outrageous, in part because of the type of relationship that an adult coach has with his players. …show more content…
Winters used his position as a teacher and mentor to shame and discriminate against Angeline. Mr. Winters’s attempt to shame and humiliate Angeline is similar to the conduct of the teacher towards her student in Korbin. In Korbin, the teacher shamed the student by attacking the morality of her mother, and in Angeline’s case, Mr. Winters shamed Angeline in verbal assaults during MUN practices. Mr. Winters attempt to discriminate against Angeline for being an “island girl” is similar to the inappropriate names the plaintiff was called by the coach in Civitella. In Civitella, the coach discriminated against the plaintiff through discriminatory name-calling, and in Angeline’s case, Mr. Winters discriminated against Angeline through discriminatory references to her background. The court will likely follow the reasoning of Korbin and Civitella to find Mr. Winters abused his authority in his use of shame and discrimination against
Korbin v. Berlin, 177 So.2d 552. Civitella v. Pop Warner Football Team of Shelton, Inc., 41 Conn. L. 96. In Korbin, the teacher attempted to shame the plaintiff, her student, for the alleged actions of the plaintiff’s mother, which constituted an abuse of authority. Korbin v. Berlin, 177 So.2d 552. The teacher’s position as head of the classroom, combined with her insensitive comments to shame the plaintiff, qualified as an abuse of authority. Id. The use of discriminatory language can be an abuse of authority, depending on the relationship that the offender has to the victim. Civitella v. Pop Warner Football Team of Shelton, Inc., 41 Conn. L. 96. In Civitella, the coach’s discriminatory language was considered outrageous, in part because of the type of relationship that an adult coach has with his players. …show more content…
Winters used his position as a teacher and mentor to shame and discriminate against Angeline. Mr. Winters’s attempt to shame and humiliate Angeline is similar to the conduct of the teacher towards her student in Korbin. In Korbin, the teacher shamed the student by attacking the morality of her mother, and in Angeline’s case, Mr. Winters shamed Angeline in verbal assaults during MUN practices. Mr. Winters attempt to discriminate against Angeline for being an “island girl” is similar to the inappropriate names the plaintiff was called by the coach in Civitella. In Civitella, the coach discriminated against the plaintiff through discriminatory name-calling, and in Angeline’s case, Mr. Winters discriminated against Angeline through discriminatory references to her background. The court will likely follow the reasoning of Korbin and Civitella to find Mr. Winters abused his authority in his use of shame and discrimination against