Emotional Duress Lawsuit
According to Craig Swapp Idaho , emotional duress is a psychological condition characterized by repeated episodes of sadness and anxiety. It also manifests as a loss of self-awareness and vitality. Defendants failed to introduce any evidence to contradict the testimony of the expert who diagnosed the patient with this disorder. However, the weight of evidence supports the finding of substantial distress. Toler and the other doctors who testified at the trial argued that emotional duress is the result of abuse or neglect. To prove emotional duress under SS 1983, a plaintiff must demonstrate that the constitutional violation caused the emotional distress. The plaintiff must also adduce sufficient evidence of distress. If the evidence supports the plaintiff's claim, the jury award may be upheld. For now, it is unclear whether the district court abused its discretion in upholding the jury award. But if a judge finds emotional duress is due to psychological abuse, a wrongful detention, ...