HUNT V. STATE
69 A.3d 360 (2013)
NATURE OF THE CASE: Hunt (P), a minor, appealed a summary judgment to State (Ds) in P's
action for violation of 42 U.S.C.S. 1983, intentional infliction of emotional distress,
false arrest/imprisonment, and battery.
FACTS: McDowell, Vice Principal of the Richard A. Shields Elementary School, asked
Delaware State Trooper David Pritchett to come to the school and talk to a small group of
students about bullying. Pritchett was on a four-month assignment as the School Resource
Officer (SRO) for the Cape Henlopen School District. Pritchett gave a talk about bullying to
four or five fifth grade students who were under 'in-school suspension.' The next day,
McDowell was told that there had been another bullying incident involving an autistic
student whose money had been taken from him on the school bus. One of the fifth graders
serving in-school suspension told McDowell that 'AB,' another fifth grade student, sat
behind the autistic student on the school bus, and took the money. AB's mother consented to
Pritchett having a talk with AB. AB to admitted that he had the money (one dollar), but AB
claimed that another student had taken the money from the autistic student. Pritchett
followed up on AB's claim that another student had taken the money. He did so despite being
virtually certain that AB was the perpetrator. Pritchett obtained the school bus seating
chart from a secretary, and determined Hunt's seat was next to AB's. He then instructed the
secretary to call Hunt to the office. Pritchett greeted Hunt in the hall outside the office
and walked him to the reading lab, where AB was seated. Pritchett claims that he told Hunt
that '[t]here's a boy in here that's claiming that you . . . took a dollar. I know that you
didn't do that. You're not in any trouble. I just need you to be brave and come in here.'
Pritchett also claims to have instructed Hunt, 'When I tell you - when I tell the story of
what's happened and I look at you, you just say no, you didn't do it . . . .' Pritchett
closed the door, and told the boys what would happen to them if they lied. According to
Hunt, Pritchett used a mean voice and told him 11 or 12 times that Pritchett had the
authority to arrest Hunt and place him in jail if he did not tell the truth. Pritchett also
explained that bad children are sent to the Stevenson House, where people are mean and
children are treated like criminals. Pritchett said that if Hunt were sent to the Stevenson
House, his siblings would be upset and would not be able to see him. Hunt started to cry. As
soon as Hunt appeared visibly shaken, Pritchett turned to AB and stated 'this is crazy now,
[AB]. Look at him [referring to Hunt]. He's over there, his eyes are - you know, you can
tell he looks like he's about ready to cry.' AB finally admitted to taking the money from
the autistic student. Pritchett claims to have told Hunt that he did 'a great job.'
Pritchett also testified that he told Hunt 'it takes a man to stand up to a bully like this
is here.' Hunt did not recall any such comments. Hunt withdrew from school and was home
schooled for the rest of that school year. His mother filed suit on her son's behalf. The
claims against the District Defendants were resolved. Pritchett successfully moved for
summary judgment. Hunt (P) appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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