SECTION 1 TITLE 1.4: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: UNDERSTANDING THE KEY ELEMENTS AND PATTERNS

WALLS OF SILENCE

SECTION 1 TITLE 1.4: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: UNDERSTANDING THE KEY ELEMENTS AND PATTERNS

 

By Amani Chiari

 

The Following Document provides the legal precedence for Intentional Infliction of Emotional Distress

 

Intentional Infliction of Emotional Distress (IIED) refers to a legal claim made when an individual intentionally engages in outrageous or extreme conduct that causes severe emotional distress to another person. It is a form of civil tort law designed to protect individuals from conduct that is deliberately harmful and causes psychological injury. Below is a detailed guide to understanding the key elements and patterns of IIED.

Subpart 1. Extreme and Outrageous Conduct

For IIED to be established, the conduct must be extreme, outrageous, or intolerable in a way that goes beyond the bounds of common decency. This behavior is not merely offensive but is so severe that it shocks the conscience of a reasonable person.

Subpart 2. Intentionality or Recklessness

The defendant must act intentionally or recklessly in causing emotional distress. This means the conduct is deliberate or performed with the knowledge that it will likely cause harm. It is not enough that the behavior is negligent; the defendant must have had the specific purpose of causing emotional suffering or acted recklessly without regard to the potential harm caused.

Subpart 3. Causation of Severe Emotional Distress

The victim must experience actual emotional distress as a result of the defendant's actions. This distress must be severe and not trivial; it must be so intense that it interferes with the victim's ability to function in daily life. The emotional suffering experienced must go beyond the ordinary ups and downs of life and reach a level where it affects the victim's mental well-being.

Subpart 4. Repeated or Isolated Acts of Abuse

IIED can result from both isolated acts of outrageous conduct or from a pattern of ongoing abuse. In cases involving ongoing abuse, the cumulative effect of the defendant’s actions can be used to demonstrate the severity of the emotional distress inflicted.

Subpart 5. Verbal Abuse and Insults

Verbal attacks, including name-calling, threats, and demeaning language, can amount to IIED if they are extreme and intentionally designed to harm the victim’s emotional well-being. The focus is on the malicious intent behind the language and the severity of the emotional distress caused.

Subpart 6. Public Humiliation

Outrageous conduct aimed at humiliating or degrading the victim in front of others can lead to an IIED claim. Public embarrassment is often used to exert control or to diminish the victim's sense of self-worth. When these acts are severe enough, they may be considered extreme and outrageous, particularly if they are designed to cause psychological harm.

Subpart 7. Stalking and Harassment

When the defendant engages in a pattern of stalking or harassment, causing the victim to feel fear, anxiety, or distress, it can meet the threshold for IIED. This type of behavior often involves repeated actions that invade the victim's privacy and mental peace.

Subpart 8. Threats of Violence or Harm

Threatening physical harm, particularly if the threat is made with the intention of causing emotional distress or fear, can be classified as IIED. This includes threats to harm the victim, their loved ones, or their property, which creates a pervasive atmosphere of fear and anxiety.

Subpart 9. Isolation and Control

IIED claims can arise from actions that intentionally isolate the victim from friends, family, or support networks. This may include physical, social, or psychological isolation designed to make the victim feel powerless and alone, leading to emotional distress.

Subpart 10. Manipulation of the Victim’s Emotions

Emotional manipulation, such as gaslighting or intentional confusion about reality, can be used to make the victim doubt their own sanity or emotional state. This can severely damage the victim’s mental health and well-being, potentially forming the basis of an IIED claim.

Subpart 11. Abuse of Power or Authority

IIED can also arise when the defendant uses a position of power or authority to emotionally harm the victim. This includes situations where someone in a position of trust or control, such as an employer, family member, or public official, abuses their position to deliberately cause emotional harm.

Subpart 12. Denial of Basic Human Needs

Deliberately withholding access to basic human needs—such as food, medical care, shelter, or emotional support—can constitute outrageous conduct that causes severe emotional distress. The victim is deprived of comfort, safety, or care, leading to deep psychological harm.

Subpart 13. Unlawful Retaliation

Engaging in emotional abuse as retaliation for the victim's actions or behavior—such as reporting a crime or filing a complaint—can give rise to an IIED claim. This retaliatory conduct is designed to punish the victim for their actions and cause emotional harm.

Subpart 14. Defamation and False Allegations

Intentionally spreading false information about the victim—whether to others or in a public setting—can cause emotional distress, particularly if the information is damaging to the victim’s reputation, relationships, or livelihood. False accusations are designed to induce anxiety, shame, and fear in the victim.

Subpart 15. Causing Severe Stress or Trauma

Actions or behaviors that cause ongoing stress, trauma, or a breakdown in the victim's mental health—such as prolonged emotional abuse, extreme bullying, or severe manipulation—can qualify as IIED if the distress caused is so significant that it disrupts the victim's daily life and mental equilibrium.

Subpart 16. Infliction of Humiliation and Shame

Intentional infliction of humiliation or shame, particularly when it is used to undermine the victim’s sense of self-worth or dignity, is considered extreme and outrageous conduct. These acts often involve degrading or belittling the victim, making them feel worthless or inadequate.

Subpart 17. Retaliatory Conduct for Seeking Help

When a victim seeks help—whether through legal action, seeking therapy, or reporting abuse—and the abuser retaliates with further emotional harm, this can be grounds for an IIED claim. Retaliatory emotional abuse is intended to punish the victim for standing up for themselves or seeking assistance.

Subpart 18. Disturbing Behavior and Threats

Engaging in disturbing behavior, such as making threats of self-harm, cleaning weapons, or indulging in violent or erratic behavior in the presence of the victim, can cause severe psychological trauma, amounting to IIED.

Conclusion: Intentional Infliction of Emotional Distress is a serious and damaging legal claim that reflects the intentional and outrageous conduct of the defendant, leading to severe emotional harm. Recognizing the signs of IIED is essential in order to address such abuse legally and emotionally. If you or someone you know is suffering from intentional emotional distress, seeking professional legal counsel and emotional support is a crucial step toward reclaiming power and healing.

If you believe you are the victim of IIED, you have the right to seek justice. Legal remedies are available to hold abusers accountable for the psychological damage they cause.

LEGAL CLAIMS AND DEMAND FOR DAMAGES

Year: 2024
Amount: $18,638.37

Additional: Emotional Distress, Punitive Damages and Relocation Asssitance.

1.      Property Owner: Don Klyberg

2.      Property Management: Rick Newmann

3.      Property Management: Anthony Anderson

 

CAUSES OF ACTION

1.     Intentional Infliction of Emotional Distress (IIED)

o    Allegation: Don Klyberg’s Tenants, Staff and Invitee engaged in extreme and outrageous conduct, including sexual harassment, stalking, intimidation, destruction of property and retaliatory refusal to make repairs with the intent to cause severe emotional harm or with reckless disregard for the harm caused.

o    Result: Subjet suffered severe emotional distress, including but not limited to anxiety, fear, mental anguish, and psychological trauma.

2.     Punitive Damages

o    Allegation: Don Klyberg and Property Management conduct was willful, malicious, and in reckless disregard of the subjets’s rights, warranting an award of punitive damages to deter such behavior in the future.

o    Claimed Amount: To be determined by the court based on the egregiousness of Don Klyberg and Property Management actions.

3.     Breach of Contract: Residential Lease Agreement

o    Allegation: Don Klyberg and Property Management failed to uphold their contractual obligations under the lease agreement, including failing to provide habitable conditions, adequate privacy, and protection of Subject’s property.

o    Result: Subject suffered financial loss, property damage, and emotional distress.

4.     Breach of Implied Covenant of Habitability

o    Allegation: Don Klyberg and Property Management failed to maintain the property in a safe and habitable condition, including refusal to make necessary repairs and address hazardous living conditions.

o    Result: Subject endured unsafe living conditions, emotional harm, and financial damages.

5.     Mail Tampering, Mail Theft, and Mailbox Vandalism

o    Allegation: Don Klyberg and Property Management interfered with, damaged, or tampered with Plaintiff’s mail, violating federal and state laws regarding mail delivery and privacy.

o    Result: Subject suffered financial loss, loss of property, emotional distress and invasion of privacy.

6.     Chronic Violation of Tenant’s Right to Privacy

o    Allegation: Don Klyberg and Property Management repeatedly gave the tenants identifying information and private data to tenants and guest, failed to store private data correctly in rental office, opened, moved and stole tenants mail, gossiped about tenant through the city in disparaging character, used tenants phone number to send unsolicited sexually harassing text messages, used master key to leave sexually harassing and intimidating secreted notes in the mailbox, used police entry to threaten, intimidate and caused emotional distress, stalked tenant at windows, under the floor, at mailbox, at door, at phone, without authorization and exposed subjects personal information without consent chronically over a period of thirteen months.

o    Result: Subject suffered emotional distress, invasion of privacy, and harm to personal security.

7.     Negligence Resulting in Battery

o    Allegation: Don Klyberg and Property Management negligent conduct directly caused or contributed to physical harm or offensive contact against subject.

o    Result: Subject experienced physical injury, emotional distress, and financial costs.

8.     Hostile Living Environment

o    Allegation: Don Klyberg and Property Management created an abusive and hostile living environment through harassment, intimidation, and failure to address unsafe conditions.

o    Result: Subject suffered emotional and psychological harm, fear for safety, and financial hardship.

9.     Gender-Based Discrimination

o    Allegation: Don Klyberg and Property Management targeted Plaintiff for discriminatory treatment based on gender, in violation of applicable anti-discrimination laws.

o    Result: Subject suffered emotional harm, loss of housing security, and other damages.

10.                        Sexual Harassment

o    Allegation: Don Klyberg and Property Management engaged in unwelcome conduct of a sexual nature, including harassment and stalking, creating a hostile living environment.

o    Result: Subject experienced emotional distress, fear for safety, and mental anguish.

11.                        Cyberbullying

o    Allegation: Don Klyberg and Property Management engaged in electronic harassment, including inappropriate or threatening communications, constituting cyberbullying and sexual cyberbullying.

o    Result: Subject suffered severe emotional distress and mental harm.

12.                        Property Damage

o    Allegation: Don Klyberg and Property Management intentionally or negligently destroyed or damaged Plaintiff’s property.

o    Result: Subject incurred financial losses in the form of repair or replacement costs, loss of health and emotional distressed.

13.                        Property Theft

o    Allegation: Don Klyberg and Property Management stole Subjects property, including BBQ Grill causing financial loss.

o    Result: Subject suffered financial harm, loss of health and emotional distress.

14.                        Intimidation

o    Allegation: Don Klyberg and Property Management engaged in threats, harassment, and other intimidating behaviors to coerce or control the subject.

o    Result: Subject experienced fear, emotional distress, and loss of peaceful enjoyment of the premises.

15.                        Retaliation

o    Allegation: Don Klyberg and Property Management retaliated against Subject for asserting tenant rights or making complaints about the property condition, violating tenant protection laws.

o    Result: Subject suffered emotional distress, financial hardship, and property harm.

16. Stalking

o    Allegation: Don Klyberg and Property Management repeatedly followed, monitored, or harassed subject, causing subject to fear for personal safety and security.

o    Result: Subject experienced emotional trauma, anxiety, and loss of peace of mind.

17. “Smoking Gun” Evidence

o    Allegation: Subject possesses direct evidence (e.g., written communications, video, photos, witness statements) proving Don Klyberg and Property Management wrongful actions and intent.

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RELIEF REQUESTED

Subject respectfully requests the following relief:

1.     Compensatory Damages:

o    Financial reimbursement for property loss, repair costs, and expenses related to relocation.

o    Claimed Amount: $18,638.37 (subject to adjustment based on additional losses).

2.     Punitive Damages:

o    To punish Don Klyberg and Property Management for willful, malicious, and reckless conduct.

3.     Relocation Costs:

o    Compensation for all costs incurred due to the need to relocate as a result of Don Klyberg and Property Management actions.

4.     Emotional Distress Damages:

o    Compensation for severe emotional distress, mental anguish, and psychological harm.

5.     Legal Fees and Costs:

o    Reimbursement of attorney’s fees, court filing costs, and other litigation expenses.*

6.     Additional Relief:

o    Any other relief the court deems just and proper, including injunctions to prevent further harassment or misconduct.

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EVIDENCE TO SUPPORT CLAIMS

• Photographic and video evidence of property damage, unsafe conditions, and harassment.
• Written communications (texts, emails, notices).
• Police reports or incident reports*
• Medical records documenting emotional and physical injuries.
• Witness statements.
• Smoking Gun instant updates

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