Hunt ex rel. DeSombre v. State, Department of Safety & Homeland Security
69 A.3d 360
| Del. | 2013Background
- Police officer (SRO) interrogated an eight-year-old student ( Hunt) at school after a bullying incident; McDowell asked Pritchett to question AB and then Hunt without parental consent.
- Pritchett questioned AB, then brought Hunt into a closed-reading-lab interrogation room with AB; he pressured Hunt and AB to confess, including threats and intimidation.
- Hunt’s family sued the District Defendants and state actors; Pritchett moved for summary judgment and the district claims were resolved against others.
- Court analyzes Section 1983 liability and Fourth Amendment seizure, qualified immunity, and state tort claims including IIED, false imprisonment, and battery.
- The Superior Court granted summary judgment to Pritchett on some claims but denied/partially denied others; the appellate court reverses in part and affirms in part, remanding for further action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunt's §1983 claim survives against Pritchett. | Hunt allege deprivation of federal rights by color-of-state-law action. | Pritchett entitled to qualified immunity; no clearly established right violated. | Survives to a degree; qualified immunity not clearly established on record. |
| Whether Hunt was lawfully seized under the Fourth Amendment. | Seizure was unnecessary and coercive for a school interrogation. | Interrogation as part of school discipline can be reasonable. | Seizure is supported; but reasonableness is contested; view record in Hunt's favor. |
| Whether Pritchett's actions violated clearly established rights for qualified immunity. | Pritchett intentionally frightened Hunt to coerce AB's confession. | Qualified immunity applies absent clearly established violation. | Qualified immunity question remains; disputed context makes right not clearly established. |
| Whether Hunt can sustain IIED claim based on Pritchett's conduct. | Conduct could be extreme and outrageous given officer's role and age. | Record insufficient to prove extreme and outrageous conduct as a matter of law. | Reasonable minds could differ; summary judgment should be denied. |
| Whether battery claim survives against Pritchett. | Any intentional contact could be offensive; record shows contact. | No record of harm or offensiveness; contact minimal. | Battery claim insufficient; judgment for Pritchett affirmed on battery. |
Key Cases Cited
- Shuman ex rel. Shertzer v. Penn Manor Sch. Dist., 422 F.3d 141 (3d Cir. 2005) (school detention/ interrogation context for rights and immunity)
- Gray ex rel. Alexander v. Bostic, 458 F.3d 1295 (11th Cir. 2006) (illustrates limitations of police power with minors in schools)
