Supreme Court of Delaware
Harvey v. State
August 9, 2019
Summary
The Delaware Supreme Court affirmed the denial of Harvey’s Rule 41(e) petition concerning a vehicle that had been seized, towed, and later disposed of. The Court held that the statutes governing towing placed the notice duty on the towing company rather than the State, that an express statutory liability bar applied to the police conduct alleged, and that Rule 41(e) did not entitle Harvey to recover the vehicle without paying towing and storage charges. The Court assumed without deciding that monetary compensation might be available under Rule 41(e) in some circumstances, but concluded that Harvey had not stated a compensable claim here.