Delaware judge refuses to dismiss lawsuit stemming from fatal police shooting of mentally ill woman

A Delaware justice has refused to a disregard a suit involving the decease of a mentally sick pistillate who was killed by a authorities trooper successful 2021 aft she fired a shotgun astatine him

DOVER, Del. -- A Delaware justice connected Tuesday refused to disregard a suit involving the decease of a mentally sick pistillate who was killed by a authorities trooper successful 2021 aft she fired a shotgun astatine him.

Raymond Rooks contends that authorities constabulary utilized excessive unit successful shooting his 51-year-old sister, Kelly Rooks, and that they violated her rights nether the Americans with Disabilities Act and the national Rehabilitation Act.

At a hearing earlier this year, Deputy Attorney General Nicholas Picollelli Jr. argued that constabulary did not intentionally discriminate against Rooks, and that the suit does not allege immoderate signifier oregon signifier of troopers mistreating radical with disabilities. He besides argued that the constabulary bureau and its elder unit cannot beryllium held vicariously liable for the actions of the officers progressive successful the shooting. And helium contended that constabulary are entitled to qualified immunity from liability for actions taken successful their authoritative capacities.

In his ruling, Superior Court Judge Jeffrey Clark noted that, erstwhile considering a question to dismiss, the tribunal indispensable judge the factual allegations successful a suit arsenic existent and gully each tenable inferences successful favour of the plaintiff. He besides noted that, nether Delaware law, an allegation successful authorities tribunal tin past a question to disregard if it is deemed “reasonably conceivable,” a little rigorous threshold than the “plausibility” pleading modular successful national court.

The suit accuses Trooper Dean Johnson of utilizing excessive unit successful shooting Rooks. It besides claims 2 different troopers connected the country failed to intervene to forestall Johnson from shooting her. The ailment besides seeks to clasp Delaware State Police and its enforcement unit liable for the actions of the officers, claiming that the constabulary bureau has failed to decently bid officers connected however to woody with emotionally disturbed people.

The lone assertion Clark dismissed was a failure-to-intervene assertion against Cpl. Brandon Yencer. A akin assertion against Trooper Jermaine Cannon, portion “not plausible,” is nevertheless “conceivable,” and frankincense survives a question to dismiss, helium said.

Patrick Gallagher, an lawyer for Raymond Rooks, argued astatine a March proceeding that troopers knew Rooks was mentally unstable, fixed respective erstwhile interactions they had had with her successful the days starring up to the shooting. Instead of trying to de-escalate the situation, however, the troopers were “angry, hostile and aggressive” erstwhile they arrived, Gallagher alleged.

“It was ne'er a telephone for police. It was a telephone for aesculapian help,” helium said.

According to the complaint, Rooks suffered from bipolar disorder, and an summation successful the dosage of lithium she was taking soon earlier the shooting was making her “more depressed, much anxious, and much paranoid.”

A study by the authorities lawyer general’s bureau concluded that Johnson was justified successful utilizing deadly unit against Rooks aft she asked, “Which 1 of you pigs wants to dice tonight?” raised a shotgun toward Johnson and fired. The study concluded that Johnson reasonably felt successful fearfulness for his beingness and the lives of others erstwhile helium changeable Rooks.