Also known as: harass · harasses · harassed · harassing · harassments
Written by attorneys · grounded in primary & secondary sources — see below
A form of conduct directed at a specific person that annoys, alarms, or causes substantial emotional distress and serves no legitimate purpose.
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Hope Howard, after losing a prior contract dispute with Hyperion Systems, filed a new complaint repeating the same allegations without new facts. The court found the filing served only to burden the defendant with additional litigation costs and entered sanctions under the rule prohibiting papers presented for an improper purpose such as harassment.
During a hearing, Judge Harold Hunt repeatedly referred to defendant Hiroshi Hasegawa's national origin in derogatory terms while questioning his credibility. The conduct manifested bias and harassment based on ethnicity, violating the rule that bars judges from engaging in such behavior in the performance of judicial duties.
Attorney Hazel Hoffman telephoned Heidi Henderson multiple times urging her to retain the firm for a personal-injury claim even after Henderson stated she did not wish to be contacted. The repeated calls constituted harassment in the solicitation of professional employment and violated the rule prohibiting such conduct.
After Hugo Hart publicly criticized local officials, state prosecutors filed repeated criminal charges against him that lacked evidentiary support and were designed to silence his speech. The pattern of baseless prosecutions amounted to harassment, supplying the extraordinary circumstance that permitted federal intervention despite principles of comity.
Harold Hunt filed successive petitions to modify custody of his child without presenting new evidence of changed circumstances. The court determined the filings were vexatious and constituted harassment of the custodial parent, resulting in an award of attorney's fees and costs against Hunt under the governing statute.
During trial, counsel for Hammer Construction questioned expert witness Heidi Henderson for hours about irrelevant personal matters, causing visible emotional distress. The court intervened to limit the examination, exercising its authority to protect the witness from harassment or undue embarrassment.
Filing or advocating a paper for the purpose of harassing an opponent, causing unnecessary delay, or needlessly increasing litigation costs meets the standard. The rule requires the signer to certify that the paper is not presented for any improper purpose, including harassment. When a court finds such a purpose, sanctions may follow.
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…protected right that cannot be asserted in his defense against the state prosecutions. Neither is there any allegation of harassment or bad-faith prosecution. In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending…
…that the accusations against petitioner played an integral part in respondent's general thesis of a nationwide conspiracy to harass the police: "[W]e may also assume that the article's basic thesis is false. Nevertheless, under the reasoning of New York Times Co. v. Sullivan, even a false statement of fact made in…
…N. J.Stat. Ann. § 2C:33-4 (West Supp. 2000) ("A person commits a crime of the fourth degree if in committing an offense [of harassment] under this section, he acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity"), 26…
…if a group could show a “ ‘reasonable probability’ ” that disclosing its contributors’ names would “ ‘subject them to threats, harassment
…It was concerned that the facility was across the street from a junior high school, and it feared that the students might
A judge engages in harassment when words or conduct in the performance of judicial duties manifest bias or prejudice based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. The rule also prohibits permitting court staff or others under the judge's control to engage in such conduct.
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Solicitation involves harassment when it employs coercion, duress, or repeated unwanted contact after the target has expressed a desire not to be solicited. The rule bars such conduct even when the solicitation would otherwise be permitted.
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Federal courts generally abstain from enjoining ongoing state criminal prosecutions under principles of comity and federalism. An exception exists when the state proceeding constitutes harassment or bad-faith prosecution, allowing federal intervention to prevent irreparable injury.
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When a court finds that a party's request to modify custody is vexatious and constitutes harassment, it must assess attorney's fees and costs against that party. The rule deters repeated, baseless filings that burden the opposing parent and the judicial system.
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The court must exercise reasonable control over the mode and order of examining witnesses to protect them from harassment or undue embarrassment. This authority permits limiting repetitive or abusive questioning even when the inquiry touches on credibility.
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