McCaffrey v. City of Wilmington

SEITZ, Justice,

for the Majority:

I. INTRODUCTION

While off-duty, out of uniform, driving his own car, and under the influence of alcohol, Wilmington Police Officer Michael Spencer ran a red light and collided with a car driven by Morgan McCaffrey. After the accident, Officer Spencer asked McCaffrey to handle the matter without police involvement and to move their damaged cars out of the roadway and into parking -spaces in front of McCaffrey’s nearby apartment. Officer Spencer and McCaffrey then went into the apartment, where Officer Spencer undressed and made sexual advances toward McCaffrey,…