Theresa Washington v. Sinina Talley, Wendy Scott and Danny Washington, CPU4-16-001988

Parties are adult siblings who are board members/trustees of Trinity School of the Bible; their mother died in June 2014, after which family and governance disputes arose.
Theresa lived at the School and alleges Sinina sent a June/July 2014 text claiming Theresa would be arrested.
Defendants initiated eviction and Chancery actions against Theresa; those matters were dismissed (Justice of the Peace matter dismissed; Chancery action dismissed without prejudice as derivative).
Theresa filed this Complaint on July 26, 2016 alleging harassment, defamation, libel, and slander; Sinina answered and asserted a counterclaim for harassment.
All defendants were nonresidents when the Complaint was filed; Theresa attempted service by certified mail but failed to file required returns of service and affidavits of nonresidency.
Court granted Sinina’s Rule 12(c) motion: dismissed claims against Danny and Wendy for failure to perfect service; on the merits dismissed all harassment claims (no private cause of action) and dismissed defamation/libel/slander claims as time‑barred and/or protected by absolute judicial privilege; Sinina’s counterclaim also dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Was service of process properly perfected under Delaware long‑arm statute and Rule 4?	Theresa relied on certified mail service to nonresident defendants and did not file returns; she did not explain failure to perfect.	Defendants argued service was insufficient and time to perfect expired.	Court: Service insufficient for Danny and Wendy (no return/affidavit); claims dismissed as to them.
2. Is there a private civil cause of action for harassment under 11 Del. C. § 1311?	Theresa asserted civil harassment claims based on alleged texts and other conduct.	Sinina contended harassment is criminal statute only and does not create a private remedy.	Court: No private cause of action for harassment; all harassment claims dismissed with prejudice.
3. Do defamation/libel/slander claims survive? (timeliness and privilege)	Theresa alleged false statements (June/July 2014 and statements in litigation) supporting defamation claims.	Defendants argued claims are time‑barred and statements made in court proceedings are absolutely privileged.	Court: Statements from June/July 2014 were filed >2 years later — statute of limitations bars them; statements made in litigation are absolutely privileged — those claims dismissed.

Brett v. Berkowitz, 706 A.2d 509 (Del. 1998) (harassment statute does not create a private civil remedy)
Barker v. Huang, 610 A.2d 1341 (Del. 1992) (absolute privilege protects statements made in the course of judicial proceedings)