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JANOWSKI v. DIVISION OF STATE POLICE

No. 175, 2009.

981 A.2d 1166 (2009)

Lt. Col. Keith JANOWSKI, U.S. Army, Plaintiff Below, Appellant, v. DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 29, 2009.

Attorney(s) appearing for the Case

Thomas S. Neuberger (argued) and Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for appellant.

Jennifer D. Oliva, Department of Justice, Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the court en banc.

STEELE, Chief Justice:

We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protections against inadvertent...

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