SHERMAN v. STATE

No. 190, 2015.

133 A.3d 971 (2016)

James SHERMAN, as Administrator of the Estate of Jane D.W. Doe, Plaintiff-Below, Appellant, v. STATE of Delaware, and the Estate of Joshua Giddings, Defendants-Below, Appellees.

Supreme Court of Delaware.

Decided: February 16, 2016.


Attorney(s) appearing for the Case

Edmund Daniel Lyons, Esquire (argued), The Lyons Law Firm, Wilmington, Delaware, Attorney for Plaintiff-Below, Appellant.

Michael F. McTaggart, Esquire (argued), Department of Justice, Wilmington, Delaware, Attorney for Defendant-Below, Appellee, State of Delaware.

Ronald D. Smith, Esquire (argued), Hudson, Jones, Jaywork & Fisher, LLC, Dover, Delaware, Attorney for Defendant-Below, Appellee, The Estate of Joshua Giddings.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en Banc.


This appeal arises from an alleged sexual assault in 2009 by Delaware State Police Officer, Joshua Giddings. The complaint alleges that after Giddings arrested the plaintiff-below, appellant, Jane D.W. Doe for shoplifting, Giddings threatened Doe with incarceration unless she would have sex with him. After she capitulated to his...

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