Proctor v. Justice of the Peace Court 17 and Davis
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE RONALD E. PROCTOR, Plaintiff Below, Appellant, v. JUSTICE OF THE PEACE COURT #17 and EDWARD G. DAVIS, Defendants Below, Appellees. § § § § § § § § § § § § § No. 353, 2001 Court Below- Justice of the Peace Court of the State of Delaware, in and for Sussex County in Court No. 17 Submitted: September 10, 2001 Decided: September 13, 2001 Amended: September 27, 2001 Before VEASEY, Chief Justice, BERGER and STEELE Justices. AMENDED ORDER This 27th day of September 2001, upon consideration of the motion to dismiss filed by the State of Delaware, and the appellant s response to the motion to dismiss, it appears to the Court that: (1) The appellant, Ronald E. Proctor, is incarcerated at the Sussex Correctional Institution ( SCI ). Proctor has filed a notice of appeal from an order of the Justice of the Peace Court that dismisses, without prejudice, Proctor s replevin action brought against a staff person at SCI as well as an inmate, who was previously housed at SCI.1 The Justice of the Peace Court found that Proctor s complaint failed to state a cause of action. The Justice of the Peace Court also questioned whether or not it had jurisdiction over property taken from a prisoner of the state penal system. 2 (2) This Court lacks jurisdiction to consider an appeal directly from the Justice of the Peace Court.3 Proctor s appeal fails to invoke the jurisdiction of this Court. NOW, THEREFORE, IT IS ORDERED that Proctor s appeal is DISMISSED for lack of jurisdiction. BY THE COURT: /s/ Myron T. Steele_________________ Justice 1 The Court provided that Proctor would re-file the complaint. But see Hamilton v. Redman, et al., Del. Super., C.A. Nos. 86C-SE-38; 86M-SE-1, Gebelein, J., 1998 WL 39990 (April 19, 1988) ( [T]he Constitution protects a prisoner from arbitrary seizure of or interference with items of personal property by state officials acting under color of state law ) (quoting Thornton v. Redman, D.Del.,435 F.Supp. 876, 880 (1977); cf. Taylor v. Snyder, et al., Del. Supr., No. 15, 1999, Veasey, C.J., 1999 WL 486627 (May 4, 1999) (ORDER) (ruling on the merit of an appeal of a prisoner s replevin action that was brought in the Justice of the Peace Court); cf. Scott v. Walsh, Del. Super., C.A. No. 95C06-067, Quillen, J., 1996 WL 946033 (April 19, 1996). 3 Del. Const. Art. IV, § 11; 10 Del. C. § 9571(a). 2 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
