GRAHAM V. GUILDERLAND CENTRAL SCHOOL DISTRICT
681 N.Y.S.2d 831 (1998)
NATURE OF THE CASE: Graham (Ps) appealed a granting of Guilderland's (D) motion to
dismiss Ps' complaint for intentional infliction of emotional distress.
FACTS: P, a student at Guilderland Central High School attended an English Studies class
which was taught by Birchler (D) (While discussing a 'Homosexual Awareness Assembly' that
had been held the previous day, a student asked D, 'Why not call them faggots? That's what
they are!' In response, D pointed to P, the only African American in the classroom, and
stated, 'Why not call Liz a 'nigger' because that's what she is? Liz, why not tell us what
it feels like to be called a 'nigger'?' Ps commenced this action charging Ds with
intentional infliction of emotional distress. Ds moved to dismiss the complaint for failure
to state a cause of action and Supreme Court granted their motion, finding, insofar as
relevant here, * that Ps' allegations did not rise to the level of 'extreme and outrageous
conduct' necessary to sustain such a claim. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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