Legal Opinion
Raughley v. Department of Health & Social Services
Superior Court of Delaware
Decided February 1, 1971PublishedCited by 12 opinions
1Opinion of the Court
QUILLEN, Judge.
The issue before the Court is the motion by the State to dismiss the complaint and cross-claim against it. The State has raised the defense of sovereign immunity to suit. It is agreed that sovereign immunity to suit is a constitutional defense unless waived. Article 1, § 9, Constitution of Delaware.
The facts which give rise to the case are that on April 28, 1970, plaintiff’s husband, a conductor for the railroad, was shot and killed, allegedly, by Keith Jenkins, an escapee from the Ferris School of the State of Delaware, a correctional institution. It is alleged that the…
2Cases cited6 opinions
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
- Elizabeth River Tunnel District v. BeecherSupreme Court of Virginia · 1961
- Shellhorn & Hill, Inc. v. StateSupreme Court of Delaware · 1962
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- George & Lynch, Inc. v. StateSupreme Court of Delaware · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pajewski v. PerrySupreme Court of Delaware · 1976
- Turnbull v. FinkSupreme Court of Delaware · 1995
- Tomei v. SharpSuperior Court of Delaware · 2006
- Blair v. AndersonSuperior Court of Delaware · 1973
- Holden v. BundekSuperior Court of Delaware · 1972
7 more not listed; retrieve them via the Exa API.