An Ohio prisoner claimed that the state correctional authorities were negligent in training and supervising a corrections officer who allegedly denied him a smoke break in retaliation for having previously filed complaints against the officer. The court, construing the prisoner's harassment complaint as seeking damages for intentional infliction of emotional distress, ruled that any distress suffered from the denial of a smoke break was not extreme and outrageous as required for such an award of damages. Further, to the extent that the prisoner claimed that the officer issued him a conduct report for violation of institutional rules improperly, the officer's decision was granted a high degree of discretion, so that the defendant Department was entitled to discretionary immunity. The evidence showed that the officer was not incompetent so that no claims could be asserted for negligent hiring, training, or supervision. Duff v. Ohio Dept, of Rehabilitation and Correction, #2009-02260, 2010 Ohio Misc. Lexis 22 (Ct. of Claims).
     Federal appeals court orders additional proceedings on whether family members of deceased inmate suffered severe emotional distress, under Oklahoma law, following his death, in a case where family members were awarded $1.1 million in damages under the Federal Tort Claims Act based on alleged outrageous conduct in failing to disclose the battered condition of his body before shipping it to them for burial. Trentadue v. Lee, No. 01-6444, 397 F.3d 840 (10th Cir. 2005). [2005 JB Apr]
     Federal appeals court reverses $1.1 million in emotional distress damages against U.S. government by family of prisoner who died in federal detention center, based on trial court's failure to make explicit findings concerning the severity of the family's emotional distress. Trentadue v. U.S., No. 01-6444, 2004 U.S. App. Lexis 22156(10th Cir. 2004). [2004 JB Dec]
     California prisoner could pursue claims for intentional infliction of emotional distress and negligence against state and state employees for diagnosing him as having tuberculosis when he was actually suffering from lung cancer. State of California v. Superior Court (Bodde), 130 Cal. Rptr. 2d 94 (Cal. App. 5th Dist. 2003). [N/R]
     280:52 West Virginia prisoner could not recover damages from warden for emotional distress allegedly caused by newspaper's mistaken report that he had died in a prison fire; prisoner did not show that warden had anything to do with publication of the information, and Prison Litigation Reform Act barred recovery for emotional injury in the absence of any showing of physical injury. Orum v. Haines, 68 F. Supp. 2d 726 (N.D.W.Va. 1999).