Submitted: December 1, 2016
Defendants' Motion to Dismiss- GRANTED.
HONORABLE ANDREA L. ROCANELLI JUDGE.
consideration of the complaint filed by Plaintiff James
Johnson ("Plaintiff"); the Motion to Dismiss filed
by Defendants; the facts, arguments, and legal authorities
set forth by the parties; the Superior Court Civil Rules;
statutory and decisional precedent; and the entire record in
this case, the Court hereby finds as follows:
Plaintiff is a former inmate at Sussex Correctional
January 9, 1986, Plaintiff was indicted for Possession with
Intent to Deliver Cocaine and Possession of Cocaine. On April
2, 1986, Plaintiff was indicted for additional charges of
Robbery in the First Degree; Conspiracy in the Second Degree;
Kidnapping in the Second Degree; Possession of a Deadly
Weapon During Commission of a Felony; and Possession of a
Deadly Weapon by a Person Prohibited. Finally, on September
30, 1987, Plaintiff was indicted on charges of Burglary in
the Third Degree; Conspiracy in the Second Degree; Felony
Theft; and Criminal Mischief.
November 2, 1987, Plaintiff pleaded guilty to Robbery in the
First Degree, Possession with Intent to Deliver Cocaine, and
Burglary in the Third Degree. In exchange for Plaintiff's
guilty plea, the State dismissed the remaining charges
against Plaintiff in all three indictments. Plaintiff was
sentenced to 10 years at Level V for Robbery in the First
Degree, 2 years at Level V for Possession with Intent to
Deliver Cocaine, and 3 years at Level V for Burglary in the
Third Degree. On January 15, 1993, Plaintiff was released
from prison and placed on parole.
September 30, 1993, Plaintiff was arrested on new felony
charges. Following trial, a jury found Plaintiff guilty of
Robbery in the First Degree; Possession of a Deadly Weapon
During Commission of a Felony; Conspiracy in the Second
Degree; and Possession of a Deadly Weapon by a Person
Prohibited. Plaintiff was sentenced to a total of 24 years at
Level V, suspended after 20 years at Level V for decreasing
levels of supervision. By Order dated February 9, 1996, the
Delaware Supreme Court affirmed Plaintiff's
December 24, 1997, the Board of Parole revoked
Plaintiff's parole due to Plaintiff's new
convictions. The Board of Parole re-imposed the remainder of
Plaintiff's previous sentence-7 years, 1 month, and 3
days at Level V-to be served consecutively to the sentence
for Plaintiff's new convictions.
the next several years, Plaintiff filed numerous motions for
reduction of sentence. The Court denied Plaintiff's
April 4, 2012, the Department of Correction submitted an
application for modification of Plaintiff's sentence. By
Order dated May 16, 2012, the Court granted the application
for modification and issued a modified sentencing order that
suspended Plaintiff's remaining Level V time.
Order dated August 22, 2012, the Court vacated the May 16,
2012 modified sentencing order and reinstated Plaintiff's
Level V incarceration. By letter to Plaintiff dated February
21, 2013, the Court explained that the Court vacated
Plaintiff's modified sentence after discovering that
Plaintiff had additional convictions and sentences that the
Board of Parole did not address in its modification request.
Thereafter, Plaintiff filed numerous petitions for habeas
corpus, sentence reduction, and post-conviction relief. The
Court denied Plaintiff's applications and the Delaware
Supreme Court affirmed.
April 29, 2016, Plaintiff filed a civil complaint against
Defendants in this Court. Plaintiff alleges that Defendants,
in their capacity as employees for the Department of
Correction, knowingly caused Plaintiff to remain wrongfully
incarcerated for 18 months longer than required under
Plaintiff's sentence. Plaintiff alleges that Defendants
violated Plaintiff's ...