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HUNT EX REL. DeSOMBRE v. STATE, DEPT. OF SAFETY AND HOMELAND SEC., DIV. OF DELAWARE STATE POLICE

No. 488, 2012.

69 A.3d 360 (2013)

Anthony J. HUNT, a minor, by his next friend, Lisa C. DeSOMBRE, and Lisa C. DeSombre, individually, Plaintiffs Below, Appellants, v. The STATE of Delaware, The DEPARTMENT OF SAFETY AND HOMELAND SECURITY, the DIVISION OF the DELAWARE STATE POLICE, and Trooper Pritchett, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 25, 2013.

Attorney(s) appearing for the Case

William D. Fletcher, Jr., Esquire and Noel E. Primos, Esquire (argued), Schmittinger & Rodriguez, P.A., Dover, Delaware, for Appellants.

Michael F. McTaggart, Esquire , and Marc P. Niedzielski, Esquire (argued), Department of Justice, Wilmington, Delaware, for Appellees.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

BERGER, Justice:

This appeal involves alleged torts and a civil rights violation, arising from a police officer's interrogation of a young child at school. The Superior Court granted summary judgment to the State and all other remaining defendants. Viewing the record in the light most favorable to the child, we hold that there is sufficient evidence to support all claims except the battery claim. Accordingly, we affirm in part and reverse in part.

Factual...

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