DE Court Reinstates Lawsuit In Trooper Assault - 47 ABC - Delmarva's Choice

DE Court Reinstates Lawsuit In Trooper Assault

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DOVER, Del. (AP) - The Delaware Supreme Court has overturned a ruling dismissing a lawsuit against the state by a woman who claimed she was sexually assaulted by a state trooper.
 
Trooper Joshua Giddings killed himself in 2009 after being charged with forcing a shoplifting suspect to perform oral sex on him.
 
The woman filed a lawsuit, but a judge said the state couldn't be held liable because the alleged assault was outside the scope of Giddings' duties.
 
The Supreme Court on Thursday overturned that ruling, saying other factors must be considered by a jury to determine whether Giddings was acting within the scope of his employment.
 
The justices noted that Giddings was on duty and in uniform at the time, and that the assault occurred in a police car.


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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