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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)

Citation
Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Parent Document
Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Effective Date
2011-12-01

Other Sections in This Document (42)

Full Text

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allegedly caused that distress. . . . The more
    inherently degrading or humiliating the defendant’s
    action is, the more reasonable it is to infer that a
    person would suffer humiliation or distress from that
    action; consequently, somewhat more conclusory
    evidence of emotional distress will be acceptable to
    support an award for emotional distress.
United States v. Balistrieri, 981 F.2d 916, 932 (7th Cir. 1992).
  Stevens concedes that she never sought the care of a
doctor, psychiatrist, psychologist, health care provider,
clergy member, or anyone else to help her cope with her
emotional distress. R. 62-4, at 3. She also confirmed that
she suffered no physical symptoms caused by her emo-
tional distress. R. 62-4, at 4. When asked to describe her
damages from HASB’s actions, she replied:
    It was Christmas day, my—we didn’t even get to
    enjoy Christmas [and] then you want to put me out
    of my home with my kids, nowhere to go, it’s winter-
    time for a shooting that you never arrested no one
    for, no one ever got arrested for, went to jail for
    that shooting or got evicted. Nobody—the guy never—
    I mean, I never seen anybody shoot somebody five
    times and not even go to jail, turn himself in and
    never go to jail and you want to put me out like that.
R. 62-4, at 2. She further explained that her damages
related to receiving the First Notice around Christmas
time, shortly after suffering the trauma of the shooting
itself, and being blamed for something she did not do
and had no control over. R. 62-4, at 3-4. She expressed
outrage that, although the shooter was never charged
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