Jane D.w. Doe, Below v. the State of Delaware, Below

Summary

The Court held that whether an on-duty police officer acted within the scope of employment when he sexually assaulted a person in his custody is ordinarily a fact question for the jury. The trial court erred by treating the wrongful nature of the assault as dispositive rather than evaluating the full scope-of-employment factors. The summary judgment ruling for the State was reversed and the case was remanded.