Intentional Infliction of Emotional Distress

  1. Introduction

    A victim may sue the person who nonconsensually published his/her private, intimate images for intentional infliction of emotional distress in a situation where the material’s publication caused the victim to suffer severe emotional distress.

  2. Elements of a Claim

    Intentional infliction of emotional distress requires:

    “(1) extreme and outrageous conduct with either the intention of, or reckless disregard for, causing emotional distress, (2) the plaintiff's having suffered severe or extreme emotional distress and (3) actual or proximate causation.”1 “Extreme and outrageous conduct is that which is ‘outside all possible bounds of decency and is regarded as utterly intolerable in a civilized community.’"2

  3. Cases

    Research is ongoing.

  4. Practice Pointers

    In cases where no physical impact to the plaintiff occurred, the Court generally requires evidence of physical injury or illness resulting from the alleged emotional distress.3

    Nevada does not recognize outrage as a separate tort.4

  1. Olivero v. Lowe, 995 P.2d 1023, 1026 (Nev. 2000)(citing Star v. Rabello, 625 P.2d 90, 91-92 (Nev. 1981)(citations omitted)). 

  2. Maduike v. Agency Rent-A-Car, 953 P.2d 24, 26 (Nev. 1998). 

  3. Settlemyers v. Play LV Gaming Operations, LLC, 2011 U.S. Dist. LEXIS 28393, *14-15(D. Nev. March 18, 2011)(citing Barmettler v. Reno Air, Inc., 956 P.2d 1382, 1387 (Nev. 1998)). 

  4. Blankenship v. Cox, 2007 U.S. Dist. LEXIS 19425, *37 (D. Nev. March 19, 2007).