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Torts Keyed to Goldberg
Hunt v. State
Facts
David Pritchett, Defendant, was previously a Delaware state trooper and school-resource officer. David McDowell, the vice principal of an elementary school, requested thatDefendant question a fifth-grade student, AB, about an accusation that AB took money from an autistic student. When Defendant questioned AB, AB told Defendant that another student, Anthony Hunt, Plaintiff, took the money from the autistic student.Even though Defendant was certain that AB was the offender, Defendant took Plaintiff to a room without McDowell’s consent, closed the door, and proceeded to question Plaintiff with AB present. Before entering the room, Defendant told Plaintiff that he did not believe AB took the money from the other student.While questioning Plaintiff, Defendant allegedly used an aggressive voice and told Plaintiff 11 times that Defendant could arrest Plaintiff and place him in jail if he lied. Plaintiff was noticibly shaken. Thereafter, AB confessed to taking the money. Plaintiff, by and through his mother, Lisa De Sombre, filed suit against the State of Delaware, Defendant, and other defendants contending that Defendant violated Plaintiff’s civil rights under 42 U.S.C. § 1983 and was also liable intentional infliction of emotional distress, false imprisonment, and battery under Delaware tort law. Thereafter, Plaintiff’s claims against all of the defendants except for Defendant were resolved. Defendant motioned for summary judgment, and the trial court granted the motion. Plaintiff appealed.
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