context: Courts have generally been unwilling to impose IIED liability where, as here, unwanted and/or sexually aggressive, advances transpire between two adults.
citation_a.signal: see
citation_a.identifier: 990 F.Supp. 657, 664-66, 676-77
citation_a.parenthetical: granting summary judgment in favor of the defendant on an IIED claim based on alleged sexual misconduct, including that the defendant "exposed his penis (which was erect
citation_a.sentence: See, e.g., Jones v. Clinton, 990 F.Supp. 657, 664-66, 676-77 (E.D.Ark.1998) (granting summary judgment in favor of the defendant on an IIED claim based on alleged sexual misconduct, including that the defendant “exposed his penis (which was erect) and told [the plaintiff] to ‘kiss it’ ”); McClinton v. Sam’s East, Inc., 2012 WL 4483492, *1, *9 (W.D.La. Sept. 28, 2012) (dismissing the plaintiffs IIED claim, despite allegations of sexual harassment by his female supervisor, such as unwanted rubbing, hugging, and sexual comments) (citing Smith v. Amedisys Inc., 298 F.3d 434, 449-50 (5th Cir.2002)); see also Harris v. Pameco Corp., 170 Or.App. 164, 171-72, 12 P.3d 524 (2000) (summarizing the case law surrounding sexually-based IIED claims in Oregon and noting that “[t]he invitation to [engage in] illicit intercourse, insufficient in itself to be actionable, becomes extreme, outrage when it is prolonged and repeated to the point of hounding, and accompanied by advertising”) (citation and internal quotations and brackets omitted); Hetfeld v. Bostwick, 136 Or.App. 305, 310-11, 901 P.2d 986, rev. denied, 322 Or. 360, 907 P.2d 247 (1995) (“[i]t is not outrageous in the extreme to behave as people commonly behave in certain circumstances”) (internal quotations omitted).
citation_b.signal: see also
citation_b.parenthetical: "[i]t is not outrageous in the extreme to behave as people commonly behave in certain circumstances"
citation_b.sentence: See, e.g., Jones v. Clinton, 990 F.Supp. 657, 664-66, 676-77 (E.D.Ark.1998) (granting summary judgment in favor of the defendant on an IIED claim based on alleged sexual misconduct, including that the defendant “exposed his penis (which was erect) and told [the plaintiff] to ‘kiss it’ ”); McClinton v. Sam’s East, Inc., 2012 WL 4483492, *1, *9 (W.D.La. Sept. 28, 2012) (dismissing the plaintiffs IIED claim, despite allegations of sexual harassment by his female supervisor, such as unwanted rubbing, hugging, and sexual comments) (citing Smith v. Amedisys Inc., 298 F.3d 434, 449-50 (5th Cir.2002)); see also Harris v. Pameco Corp., 170 Or.App. 164, 171-72, 12 P.3d 524 (2000) (summarizing the case law surrounding sexually-based IIED claims in Oregon and noting that “[t]he invitation to [engage in] illicit intercourse, insufficient in itself to be actionable, becomes extreme, outrage when it is prolonged and repeated to the point of hounding, and accompanied by advertising”) (citation and internal quotations and brackets omitted); Hetfeld v. Bostwick, 136 Or.App. 305, 310-11, 901 P.2d 986, rev. denied, 322 Or. 360, 907 P.2d 247 (1995) (“[i]t is not outrageous in the extreme to behave as people commonly behave in certain circumstances”) (internal quotations omitted).