Hunt v. State
Delaware Supreme Court
69 A.3d 360 (2013)
- Written by Jamie Milne, JD
Facts
Delaware state trooper David Pritchett (defendant) was assigned as a school resource officer. David McDowell, the vice principal of an elementary school, asked Pritchett to question fifth-grade student AB about a claim that AB stole money from a student. AB told Pritchett that another student, Anthony Hunt (plaintiff), took the money. Despite being almost certain that AB was the culprit, Pritchett had Hunt called to the school office without McDowell’s knowledge. While escorting eight-year-old Hunt to the room where AB was located, Pritchett told Hunt that he did not think Hunt had taken the money but needed Hunt to be brave and come with him. Once in the room, Pritchett closed the door and questioned Hunt alongside AB. Pritchett allegedly used a harsh voice and told Hunt 11 times that Pritchett could arrest Hunt and place him in jail if he lied. Hunt was visibly shaken, and Pritchett used that to prompt AB to confess. Hunt later told his mother, Lisa DeSombre (plaintiff), what happened. Hunt withdrew from school for 18 months and was homeschooled. Hunt, through DeSombre, sued the State of Delaware, Pritchett, and others (defendants), asserting multiple claims, including a state tort claim for intentional infliction of emotional distress (IIED) and a claim under 42 U.S.C. § 1983 for violation of Hunt’s civil rights. Hunt’s claims against all defendants except for the state and Pritchett were resolved. The trial court granted Pritchett’s motion for summary judgment, and Hunt appealed.
Rule of Law
Issue
Holding and Reasoning (Berger, J.)
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