Shawn Brittingham, and Christopher Story, Petitioners Below, Appellants v. Town of Georgetown, a Municipal…

Summary

The Delaware Supreme Court affirmed the Superior Court's denial of mandamus relief for nearly all alleged violations of the Law Enforcement Officers' Bill of Rights. It held that the investigation technically violated the statute because the investigator was not an authorized member of the Georgetown Police Department, but that claim was moot because the officers no longer worked for Georgetown and the requested relief was unavailable or useless in mandamus. The Court also held that the officers' First Amendment claim was not appropriate for mandamus because the Criminal Justice Council lacked authority to decide legal questions and the claim had been resolved in separate civil litigation.