Race-Based Traumatic Stress (RBTS) is an increasingly recognized form of psychological trauma resulting from racial discrimination, harassment, and violence. Attorneys handling both civil and criminal cases, particularly in areas like workplace discrimination, employment law, and civil rights litigation, are finding that addressing RBTS in their cases can be essential to substantiating emotional distress claims and securing fair outcomes for clients who have endured racial trauma.
As litigation support professionals, Cheryl L. Miller, LLC provides the essential resources and expertise attorneys need to advocate for clients affected by RBTS, from locating expert witnesses to preparing sentencing mitigation reports. Here, we’ll explore the legal context of RBTS, highlight the landmark case of Smith v. City of The Dalles (Dist. Or.May 13, 20212021 U.S. Dist. LEXIS 91576), and outline how our services support attorneys in building compelling, well-substantiated cases.
Understanding Race-Based Traumatic Stress (RBTS) in Legal Contexts
RBTS is not an official diagnosis under the **Diagnostic and Statistical Manual of Mental Disorders (DSM-5)**, yet it is widely recognized by mental health professionals as a serious psychological response to racial trauma. RBTS can be triggered by both acute experiences, such as racial profiling, hate crimes, or direct exposure to race-based violence, and by prolonged exposure to systemic racism. Symptoms often resemble those of post-traumatic stress disorder (PTSD), including:
- Hypervigilance and heightened anxiety,
- Depression** and reduced self-esteem,
- Intrusive thoughts or flashbacks of traumatic events,
- Emotional numbness or social withdrawal,
- Difficulty concentrating or impaired daily functioning.
For attorneys, RBTS has significant legal relevance, particularly in cases involving workplace discrimination, police misconduct, or other civil rights violations. Demonstrating the existence of RBTS can be crucial in seeking emotional distress damages and can provide substantial support for civil rights and employment discrimination claims.
Key Legal Standards: Federal Rule of Evidence 702 and the Daubert Standard
In RBTS cases, expert testimony plays a vital role in conveying the emotional and psychological impacts of racial trauma to the court. However, expert testimony must meet the Federal Rule of Evidence 702, which establishes that expert witnesses may testify if:
1. Their knowledge, skill, experience, training, or education will help the trier of fact understand the evidence,
2. The testimony is based on sufficient facts or data,
3. The testimony is the product of reliable principles and methods, and
4. The expert has reliably applied these principles and methods to the case.
Under the Daubert standard—derived from Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)—the court serves as a gatekeeper to assess whether an expert’s testimony is both reliable and relevant. In RBTS cases, this means that the expert’s methodologies must be scientifically valid and directly applicable to the psychological harm the client experienced as a result of racial discrimination.
Key Case: Smith v. City of The Dalles (2021) – Establishing Admissibility of Expert Testimony in RBTS Cases
In the case of Smith v. City of The Dalles, 2021 U.S. Dist. LEXIS 91576 (D. Or. May 13, 2021), the plaintiff claimed that racial discrimination by the city resulted in significant emotional distress. To substantiate the claim, the plaintiff’s attorney introduced expert testimony from Ms. Jonicia June Shelton, MA, CSWA, QMHP, of the psychological impact of this alleged discrimination. The city contested this testimony, arguing it did not meet the reliability criteria established by Daubert.
The key legal question was whether expert testimony on the effects of racial trauma could satisfy the reliability and relevance requirements under Federal Rule of Evidence 702. The court ultimately ruled to admit the expert’s testimony, noting that the expert’s analysis of the plaintiff’s psychological response to racial discrimination was both relevant and supported by scientifically reliable methods. The court held that the expert testimony could provide valuable insight into the plaintiff’s emotional distress, thereby helping the jury understand the profound effects of racial trauma:
"The court finds that the expert’s testimony on the psychological impact of the alleged racial discrimination is relevant and can aid the jury in assessing the plaintiff’s claims of emotional distress, particularly in light of the plaintiff’s specific experiences and the claimed pattern of discriminatory actions."
This case sets a critical precedent for attorneys handling RBTS cases by confirming that courts may accept expert testimony on racial trauma, provided it meets the established evidentiary standards of reliability and relevance.
How Cheryl L. Miller, LLC Supports Attorneys in RBTS Litigation
Successfully presenting RBTS claims in court requires meticulous case preparation, credible expert testimony, and comprehensive documentation. Cheryl L. Miller, LLC offers a full range of litigation and paralegal support services that help attorneys build strong, evidence-based cases in RBTS matters:
1. Expert Witness Identification and Coordination
Expert testimony is essential in RBTS cases, and selecting a credible expert with the right qualifications can make or break a case. Our team assists attorneys by:
- Identifying and vetting expert witnesses specializing in racial trauma, psychology, or sociology, ensuring they possess the qualifications and experience necessary to testify on RBTS.
- Managing logistical arrangements for depositions, affidavits, and court appearances, allowing attorneys to focus on strategic case planning.
- Preparing experts for testimony by thoroughly reviewing case specifics, ensuring their analysis is directly aligned with the client’s experiences of racial trauma.
With our support, attorneys can confidently present expert testimony that meets court standards and effectively conveys the impact of RBTS on their clients.
2. Comprehensive Documentation and Evidence Organization
To substantiate RBTS claims, a well-documented case that demonstrates the client’s experiences and psychological distress is essential. Our team assists attorneys by:
- Gathering and organizing critical records—including psychological evaluations, medical histories, and incident reports—that provide evidence of the client’s racial trauma and emotional distress.
- Structuring documentation to align with expert findings, creating a coherent narrative that builds a factual foundation for the expert’s conclusions.
- Drafting summaries and timelines that outline specific incidents and illustrate the cumulative impact of racial trauma on the plaintiff.
This comprehensive documentation strengthens the case and provides experts with verified data points for credible testimony.
3. Legal Research and Case Law Support
As RBTS claims gain traction in civil and employment litigation, staying up-to-date on case law and legal trends is critical. We conduct thorough legal research to support attorneys in crafting arguments grounded in relevant precedents, including:
- Identifying and summarizing cases like Smith v. City of The Dalles, where courts have admitted expert testimony on racial trauma.
- Tracking developments in civil rights and discrimination law to ensure arguments are aligned with recent judicial thinking.
- Providing case law summaries and legal updates that attorneys can incorporate into their briefs, reinforcing the legitimacy of RBTS-related emotional distress claims.
Our research ensures that attorneys have the resources to support their arguments for the admissibility of RBTS evidence, countering challenges from opposing counsel.
4. Sentencing Mitigation Reports in Criminal Cases
For criminal cases, RBTS can be crucial in sentencing mitigation. Defendants with a history of racial trauma may suffer from unique psychological vulnerabilities that impact their actions and decision-making. Our team prepares sentencing mitigation reports that:
- Document the client’s racial trauma history, providing the court with a fuller understanding of how RBTS has affected their life and behavior.
- Identify psychological factors related to racial trauma, to prepare for expert testimony or supporting arguments for a fair, rehabilitative approach to sentencing.
- Present alternative sentencing options, where appropriate, that take the defendant’s emotional and psychological needs into account.
These reports can be instrumental in achieving fairer sentencing outcomes for clients affected by RBTS.
5. Preparation of Trial Materials
Clear, persuasive trial materials can help judges and juries understand complex RBTS evidence. We assist attorneys by developing visual and written materials that make the plaintiff’s experiences accessible, including:
- Timelines and visual aids that illustrate incidents of racial trauma and their cumulative psychological effects.
- Concise case narratives that summarize expert conclusions and the client’s lived experiences.
- Well-organized exhibits that reinforce the expert’s findings and provide a compelling account of the client’s RBTS.
Our trial preparation services ensure that RBTS evidence is presented in a way that resonates with the court, enhancing the overall effectiveness of the case.
How to Qualify an RBTS Expert in Your Case
Selecting a credible RBTS expert is essential to presenting a strong case. Here are some recommendations for attorneys:
1. Evaluate the Expert’s Background in Racial Trauma and Psychology
Look for mental health professionals with specialization in racial trauma, PTSD, or discrimination-related stress. Published research, relevant case experience, or clinical practice focused on racial trauma are valuable indicators.
2. Review Past Testimonies and References
Experts with prior experience in testifying on racial trauma are often more prepared to communicate complex ideas clearly. Reviewing their past work can reveal their effectiveness in court.
3. Ensure Methodological Consistency
The expert’s methods must align with accepted scientific practices, with a clear, evidence-based approach to diagnosing and assessing RBTS
4. Coordinate Comprehensive Preparation
We assist with all logistics, from deposition to final testimony, to ensure the expert is prepared to answer questions about methodology, diagnosis, and the client’s unique profile.
Partnering with Attorneys to Advocate for Clients with RBTS
The legal landscape surrounding RBTS is evolving, and cases like Smith v. City of The Dalles demonstrate an increasing judicial willingness to consider expert testimony on racial trauma and its psychological impacts. At Cheryl L. Miller, LLC, we are dedicated to supporting attorneys in this emerging area of law. By providing comprehensive litigation support services—from expert witness coordination to detailed case preparation and documentation—we empower attorneys to build compelling, well-substantiated cases that recognize the profound effects of racial trauma on their clients.