Get all your news in one place.
100's of premium titles.
One app.
Start reading
Reason
Reason
Politics
Eugene Volokh

False Accusation of Having Used a Slur Lead to Damages Award and Possible Punitives

From Cody v. Dirir, decided last Friday by Connecticut Superior Court Judge Donna Wilkerson Brillant, the court's findings of fact:

On October 12, 2022 [likely should say 2019 -EV], the plaintiff and the defendant were students at the University of Connecticut in Storrs, Connecticut (University). They did not know each other until October 12, 2022 [likely should say 2019 -EV], when the defendant attended a party at a home of a fraternity that the plaintiff was a member of and where he resided. During the party, the defendant believed that she was called a nigger (N-word) by another member of the fraternity, Frank V., a black male. When the defendant told the plaintiff, a white male, that Frank called her the N-word, the plaintiff tried to convince her that Frank would never say that and if he did, he did not intend it in a negative way as he used the N-word with an "a" at the end of the word and not with an "er" at the end of the word. Frank used the N-word in the defendant's presence, and she believed the word was directed to her.

The defendant was upset by this exchange at the party, and after the defendant left the party, she reported this encounter to her cousin, … Ellie …. With the defendant's assistance of providing a picture of the plaintiff and Frank, Ellie posted on her Twitter page the picture of Frank and the plaintiff with the following statement: "These two called my little cousin a nigga and continued to belittle her infront of their white friends at a UConn frat party. If anyone knows their names, please let me know. And tell them keep that energy." The statement with the picture (also referred to as "post" or "tweet") was seen initially by approximately 700 to 1000 people who are the cousin's Twitter followers. Those followers then forwarded the post/tweet to their Twitter followers, resulting in approximately 5000 or more people viewing the post.

The next day, a meeting was held with the plaintiff and the defendant and their respective friends at the defendant's dormitory hall, at which the defendant admitted to the students in attendance that the plaintiff did not call her the N-word. The defendant invited approximately ten people to the meeting, of whom some were vulgar and did not allow the plaintiff to speak, telling him to "shut up, white boy." The plaintiff, Frank, and two other members of the plaintiff's fraternity, Nihar and Akrash, attended the meeting. Frank apologized to the defendant at the meeting as he explained that his statement was not directed at her but at his fraternity brother.

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.