KOPICKO v. DEPT. OF SERVICES FOR CHILDREN

No. 521, 2000.

805 A.2d 877 (2002)

H. Diana KOPICKO, Plaintiff Below, Appellant, v. STATE of Delaware, the DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 12, 2002.


Attorney(s) appearing for the Case

Noel E. Primos, Schmittinger & Rodriguez, P.A., Dover, Delaware, for appellant.

Malcolm S. Cobin (argued), Ilona M. Kirshon, Department of Justice, Wilmington, Delaware, for appellee.

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.


HOLLAND, Justice:

The plaintiff-appellant, H. Diana Kopicko ("Kopicko"), filed an appeal from the September 29, 2000 order of the Superior Court granting summary judgment in favor of the Department of Services for Children, Youth and Their Families ("Department"). The Superior Court granted summary judgment on the basis that sovereign immunity operated as an absolute bar to Kopicko's claim.

This Court heard oral argument. We then requested supplemental memoranda...

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