MIDVALE, Utah — A Midvale family has filed an 11-page lawsuit against a neighbor who they say has been harassing them for months with racist slurs.
In December, the family shared video of the alleged harassment by Kathryn Smith, which resulted in public outcry and prompted a response from local officials.
Smith was arrested for outstanding warrants but later released after posting $1,000 bond.
"[Smith's] doing this all in an effort to make them move away even though they're not moving away," said the family's attorney, Tyler Ayres. "One of the things that has happened between now and last summer is one family did move away, they felt like her abuse was too much."
Despite the arrest and attention on Smith, the family says her harassing behavior has continued. They're now filing a lawsuit against their neighbor, alleging assault, battery, intentional infliction of emotional distress, trespassing, and false imprisonment.
The lawsuit also lists dozens of alleged incidents between July through this past week, many of them targeting the family's 10-year-old son.
"As he's outside playing, she uses the 'n word,'" Ayers claimed. "She refers to him as nappy-headed, she makes it very clear that her cats have been instructed to attack him. At one point in the last little bit, [the boy] said he just doesn't want to play outside anymore, she scares him, so he's just going stay inside, which for a 10-year old boy, is fairly devastating."
According to an attorney who is representing Smith in another case, his client has mental health issues.
"She's been struggling with these types of issues for many years," said Steve Burton. "She's tried to get help, she's undergone electric shock therapy and she's been diagnosed with a disorder that makes it harder for her to control her impulses, verbal impulses and outbursts."
Ayres hopes the lawsuit will put in end to Smith's alleged behavior.
"I'll have her served within the week, and from there she'll have 30 days to respond, once she responds then the discovery process will begin," he said.
The mother of the family that moved due to Smith's alleged behavior says she and her son were also victims of harassment by including egging, threatening comments, and more. That family is also seeking legal options.
