Doe v. Delaware

The issue before the Supreme Court in this case was whether the State of Delaware could be held liable for tortious conduct by an on-duty Delaware State Police Officer. The officer was supposed to take a woman accused of shop-lifting to court. Instead, the officer allegedly coerced her 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 officer was acting within the scope of his employment. The trial court focused only on the officer's tortious conduct, which was not within his job description. But the nature of the tortious conduct was not dispositive. There were other factors used to determine whether one is acting within the scope of employment, and the jury must make that decision. Accordingly, the Supreme Court reversed and remanded the case for further proceedings. View "Doe v. Delaware" on Justia Law