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DOE v. STATE

No. 447, 2012.

76 A.3d 774 (2013)

Jane D.W. DOE, Plaintiff Below, Appellant, v. The STATE of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 12, 2013.

Reargument Denied October 8, 2013.

Attorney(s) appearing for the Case

Edmund Daniel Lyons, Esquire , (argued), The Lyons Law Firm, Wilmington, Delaware, for Appellant.

Michael F. McTaggart, Esquire , (argued), and Marc P. Niedzielski, Esquire , Department of Justice, Wilmington, Delaware, for Appellee.

Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices and NOBLE, Vice Chancellor, constituting the Court en Banc.

BERGER, Justice.

In this appeal we consider whether the State of Delaware may be held liable for tortious conduct by an on-duty Delaware State Police Officer. The officer was supposed to be taking a woman accused of shop-lifting to court. Instead, the officer allegedly coerced the woman to engage in oral sex in the front seat of the police car. The trial court granted summary judgment to the State based on its conclusion that no reasonable jury could find that the...

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