Submitted: July 18, 2017
Defendant's Motion to Dismiss GRANTED
Plaintiffs Motion for Appointment of Counsel DENIED
Honorable Mary M. Johnston judge.
31, 2014, Plaintiff filed a civil complaint against
Defendant. The allegations in the 2014 complaint stemmed from
an incident that allegedly occurred in June 2012.
Order dated February 10, 2017, this Court dismissed the 2014
complaint. The Court found that following repeated extensions
to permit Plaintiff to serve defendant with process,
Defendant was never served as required by Superior Court
Civil Rule 4(j). Pursuant to Rule 41(b), the Court granted
Defendant's motion to dismiss for failure to
filed this action on May 11, 2017. The 2017 complaint relates
to the same incident that allegedly occurred in June 2012.
The 2014 and 2017 complaints are substantially identical.
Plaintiff claims damages on the basis of simple negligence
and "deliberate indifference."
has filed a Motion to Dismiss. The Court finds that the
Motion to Dismiss must be granted for the following reasons.
Plaintiffs negligence claim is barred by the two-year statute
of limitations. Viewed in the light most favorable to
Plaintiff, the events occurred in June 2012. Therefore, the
previous action, filed on July 31, 2014, also was barred by
the statute of limitations.
negligence claim against the Delaware Department of
Correction is barred by the Delaware State Tort Claims
Plaintiff s "deliberate indifference" claim is
interpreted to be a civil rights action pursuant to 42 U.S.C.
§1983, such claims also are barred by a two-year statute