Sherman v. Delaware

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Justia Opinion Summary

This appeal arose from a sexual assault complaint against a Delaware State Police Officer. After the officer, Joshua Giddings, arrested plaintiff-appellant Jane Doe for shoplifting, he threatened to throw her in jail unless she had sex with him. Doe filed suit against Giddings and the State of Delaware. Doe alleged that the superior court erred by: (1) granting the State's motion for summary judgment on sovereign immunity grounds; (2) denying Doe's motion for partial summary judgment on respondeat superior grounds; and (3) granting a motion to dismiss by Giddings' estate. The Supreme Court concluded after review that the State waived sovereign immunity, and therefore, the superior court erred in granting the State's motion for summary judgment. Furthermore, the Supreme Court concluded Doe's two other arguments were without merit. The case was affirmed in part, reversed in part, and the case remanded for further proceedings.