House v. Hicks

179 P.3d 730, 218 Or. App. 348, 2008 Ore. App. LEXIS 277
CourtCourt of Appeals of Oregon
DecidedMarch 5, 2008
Docket160511743; A130796
StatusPublished
Cited by49 cases

This text of 179 P.3d 730 (House v. Hicks) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. Hicks, 179 P.3d 730, 218 Or. App. 348, 2008 Ore. App. LEXIS 277 (Or. Ct. App. 2008).

Opinions

[350]*350SERCOMBE, J.

Plaintiff assigns as error the trial court’s grant of summary judgment to defendants on plaintiffs claims for defamation, intentional infliction of severe emotional distress (IIED), and deprivation of liberty based on 42 USC section 1983. We affirm the trial court’s grant of summary judgment on the IIED claim. We reject without discussion plaintiffs remaining claims of error regarding the court’s rulings on the untimeliness of the defamation claim and the sufficiency of the civil rights claim.

Summary judgment is appropriate if the moving party demonstrates that there is no genuine issue of material fact and that the party is entitled to judgment as a matter of law. ORCP 47 C. We review the evidence and any inferences that may reasonably be drawn from that evidence in the light most favorable to the party opposing the motion. McGee v. Coe Manufacturing Co., 203 Or App 10, 12, 125 P3d 26 (2005).

Plaintiff filed his IIED claim after he was excluded from the University of Oregon campus for engaging in unwanted contact with a university employee. Plaintiff seeks relief against the University of Oregon, its employee (Hastie), and the university’s director of the Department of Public Safety (Hicks). Plaintiff asserts that defendants knowingly initiated a false police report and knowingly excluded him from campus, actions that caused him to suffer humiliation, embarrassment, anger, and severe emotional distress, conduct that he argues exceeds the bounds of social tolerance.

Plaintiff met Hastie in the spring of2003. He alleges that Hastie solicited his friendship through a personal advertisement of “women seeking men” on an Internet Web site. At that time, Hastie was a married graduate student at the university. Plaintiff and Hastie met for drinks and lunches three times during June and July 2003. They corresponded by e-mail through the summer. Hastie stopped corresponding with plaintiff in September. Plaintiff continued to send Hastie e-mails and placed a number of telephone calls to her home.

[351]*351On December 1,2003, Hastie sent plaintiff an e-mail indicating that she wanted to end communications with him, stating:

“I have to tell you that you did scare me quite a bit * * *. I felt a huge amount of pressure from you. I also felt that you were trying to make me feel guilty for not calling or writing long e-mails back. * * * There was a definite turning point in our friendship where I started to feel very uncomfortable. I don’t think that I feel comfortable enough to meet with you. Sorry. Some of the things you have said have really freaked me out. * * * I don’t feel that it is wise for me to continue contact with you. I am confused by the different temperaments you have. I don’t know you and what I do know kind of scares me. * * * I don’t feei that you are willing to relax and give me the freedom and space that I need, so I need to take a huge step back and out of this friendship.”

Hastie included in that e-mail an invitation to “write back if you have any questions.” Plaintiff subsequently sent Hastie gifts and several e-mails, but Hastie did not respond.

The following month, plaintiff joined the university alumni association; he is not an alumnus but found out that membership is open to the public for a small donation. He knew that such a membership would enable him to take fitness classes at the student recreation center, and he knew that Hastie taught classes there.1 On January 28, 2004, plaintiff attended an exercise class that Hastie was teaching. Plaintiff stayed in the room for 10 minutes after that class and waited in the hallway when Hastie left the room. Although plaintiff sensed that Hastie “seemed comfortable” during the class, Hastie later told the university’s Department of Public Safety (DPS) that she was uncomfortable with plaintiffs presence and asked a colleague to walk her to her car.

Over the next two days, plaintiff sent Hastie three lengthy e-mails and three e-cards. He also re-sent one or two [352]*352of the e-mails. The first e-mail was sent around midnight, a few hours after the exercise class. Plaintiff asked Hastie why she had someone walk her to her car and indicated his intention to continue with the class “every time for the remaining 6 weeks.” He also stated that he assumed that Hastie was choosing not to be friends, that he was sorry if he made her uncomfortable after class by “waiting,” that he was not there to watch her or follow her to her car or “whatever else you think that makes you so scared.” He asserted that Hastie did not care to listen to reason, that maybe after a few weeks of class she might choose to talk to him, that she should not be scared of him and treat him like “some kind of stalker,” and that she could have told him that she did not want to be his friend. Plaintiff further stated, “[P] lease don’t ruin my reputation by telling others that I am stalking you [be] cause you are making a huge mistake; please don’t make a mess also.” In that same e-mail, plaintiff called Hastie “childish,” a “flake,” and “paranoid,” and stated that he would show up early for each class in case she decided to talk to him. He said that it was the last time he would write. Plaintiff later attached that e-mail message to an electronic e-card greeting to Hastie, noting that, “I also attached this message in case you blocked my e-mail address.”2 Later that morning, plaintiff separately sent that e-mail message to Hastie at a different e-mail address.

Early the next morning, plaintiff sent Hastie a second lengthy e-mail, claiming that he was writing because he had some things to get off his chest and she didn’t “seem to be willing to talk like adults.” He indicated that he wanted Hastie to be friendly with him in the exercise class. Plaintiff further stated that “|y]ou really have not been that great a person towards me ever since you started to make yourself uncomfortable by worrying that you have to protect yourself’ and that Hastie could have been more direct with him over the past few months. He admitted calling and listening to her [353]*353answering machine multiple times over the past summer, stating that it was an innocent action, “not obsessive or threatening.” He also admitted knowing that she was online at times, but denied monitoring her e-mail activity. Plaintiff wrote that Hastie could have been more understanding and respectful, like a “responsible adult.” He added that, if she chose to be friends, he would be “ready to be a friend no matter where in life down the road we are” and that he hoped that after some time in the class she would be able to talk to him. Plaintiff ended the e-mail with a request that Hastie not make him “regret” that he ever met her by “treating [him] like some criminal, spreading [her] paranoia to others and making [him] look bad[.]” He then stated that he would like to know how she liked the necklace and other items that he had sent her.

Hastie sent a response that plaintiff received that afternoon, denying that her behavior was childish or immature, noting that the amount of information plaintiff was gathering about her and her life was making her uncomfortable, and asserting that she had attempted to cut off all contact with him yet he had persisted in finding out her maiden name, work address, and teaching schedule. She stated:

“You have frightened me beyond belief and last night was a culmination of all the contact you have continued to pursue.

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Bluebook (online)
179 P.3d 730, 218 Or. App. 348, 2008 Ore. App. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-hicks-orctapp-2008.