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WYATT v. KRZYSIAK

No. CivA 98-177 MMS.

82 F.Supp.2d 250 (1999)

Jacqueline E. WYATT, Plaintiff, v. John F. KRZYSIAK, individually and in his capacity of a New Castle County police officer, Defendant.

United States District Court, D. Delaware.

December 16, 1999.

Attorney(s) appearing for the Case

Michael W. Modica, Wilmington, DE, for plaintiff.

Stephanie D. Kinder, Assistant County Attorney, New Castle County Law Department, New Castle, DE, for defendant.

OPINION

SCHWARTZ, Senior District Judge.

I. INTRODUCTION

This case presents the issue: Does a person allegedly driving while under the influence of alcohol have a viable constitutional tort claim against a police officer for failing to arrest her and/or directing her to continue driving after stopping her for speeding?

On April 7, 1998, Plaintiff Jacqueline Wyatt filed this action...

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