Smith v. Cochran.

• Position: Cases of intentional infliction of emotional distress - Brief Article

U.S. District Court

CLAIMS

Smith v. Cochran, 216 F.Supp.2d 1286 (N.D.Okla. 2001). A female former inmate filed a [section] 1983 suit alleging that a state drivers license examiner forced her to have sex with him while she was on work release at the examination center. The district court denied the examiner's motion for summary judgment. The court held that the examiner was acting under the color of state law while he was supervising the inmate and that he was not entitled to qualified immunity. The court found the examiner's alleged actions to be sufficiently outrageous to support the inmate's claim for intentional infliction of emotional distress. The court also held that the examiner's alleged sexual contacts with the prisoner...