MAULL v. DIVISION OF STATE POLICE

No. CIV.A.99-179-JJF.

141 F.Supp.2d 463 (2001)

Lionell MAULL, Plaintiff, v. DIVISION OF STATE POLICE, DEPARTMENT OF PUBLIC SAFETY, STATE OF DELAWARE, Colonel Alan D. Ellingsworth, Superintendent, Delaware State Police, in both his official and personal capacities, and Lieutenant Colonel Gerald R. Pepper, Jr., Deputy Superintendent, Delaware State Police, in both his official and personal capacities, Defendants.

United States District Court, D. Delaware.

May 3, 2001.


Attorney(s) appearing for the Case

John X. Denney and William O'Day of Tomar, O'Brien, Kaplan, Jacoby & Graziano, Wilmington, DE. Of Counsel: Richard M. Schall, Patricia A. Barasch and Robert J. Cox of Schall & Barasch, LLC, Moorestown, NJ, for Plaintiff.

W. Michael Tupman, Deputy Attorney General, Delaware Department of Justice, Dover, DE, for Defendants.


OPINION

FARNAN, District Judge.

Pending before the Court is a Motion for Summary Judgment (D.I.54) filed by Defendants, the Division of State Police, the Department of Public Safety, the State of Delaware, Colonel Alan D. Ellingsworth, and Lieutenant Colonel Gerald R. Pepper, Jr. For the reasons set forth below, the Court will grant Defendants' Motion.

BACKGROUND

I. Procedural Background

The instant action arises as a result...

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