Holmes v. Detective D'Elia

Summary

The Supreme Court of Delaware affirmed dismissal of Holmes's negligence complaint against a police detective under Rule 12(b)(6). The court held that Holmes pleaded no facts showing that the detective's investigation lacked good faith or involved gross negligence, wanton negligence, or willful and malicious intent, as required to overcome statutory immunity. Because dismissal on that ground resolved the case, the court declined to address the cross-appeal concerning service of process.