Earlier this week, AllHipHop.com reported that a deranged white woman, now referred to as the Victoria’s Secret Karen, attacked a Nigerian-American Muslim woman named Ijeoma Ukenta in the Short Hills Mall.
Several videos recorded by Ukenta have since gone viral, identifying this attacker as Abigail Elphick and showcasing an apparent race-based bias from the responding officers from the Short Hills Mall security and Millburn Police Department. So egregious was this act, that even the popular lingerie company released a statement.
Ukenta also released a statement. Hers was through a GoFundMe campaign that a) detailed the ordeal, b) mentions how she was treated by law enforcement and c) her plans to take action against the obvious discrimination she experienced from those who were supposed to protect her.
In less than three days, the GoFundMe has raised over $100,000 and continues to rise.
She was at one point asking for people to recommend to her an attorney, but it is not known yet if she has secured one.
What is known is that she has a case.
According to USAttorneys.com, she can sue for “emotional distress through a negligent act.”
The site states, “Victims can successfully sue police officers for emotional distress when an officer has caused emotional distress through a negligent act, or intentionally acted in a way that directly caused the emotional injury. Emotional distress is severe when a reasonable person in the same position as the victim would be unable to manage or tolerate it, and the victim’s reaction is not unusual for that circumstance. Courts consider intensity and duration of a negative encounter when determining severe distress.”
To succeed in this pursuit, she must prove that the police’s actions were extreme and outrageous and that they stripped away aspects of her dignity. She might be able to achieve this through this one caveat: Negligence inflicted emotional distress.
“Victims might also sue police officers when negligent acts caused emotional distress, rather than those that are intentional or reckless. The extent of emotional harm required for a successful lawsuit depends on the jurisdiction, but in negligence, the officer must owe a “duty of care” to the victim such as a special relationship with the plaintiff that distinguishes it from general police responsibility to the public.”
Do you think her videos prove this? How much do you think she might get? Forget the GoFundMe, because they didn’t respond to her, she might own her own franchise of Victoria’s Secret.