DOVER, Del. — A Delaware judge on Tuesday refused to dismiss a lawsuit involving the death of a mentally ill woman who was killed by a state trooper in 2021 after she fired a shotgun at him.
In his ruling, Superior Court Judge Jeffrey Clark noted that, when considering a motion to dismiss, the court must accept the factual allegations in a lawsuit as true and draw all reasonable inferences in favor of the plaintiff. He also noted that, under Delaware law, an allegation in state court can survive a motion to dismiss if it is deemed “reasonably conceivable,” a less rigorous threshold than the “plausibility” pleading standard in federal court.
The only claim Clark dismissed was a failure-to-intervene claim against Cpl. Brandon Yencer. A similar claim against Trooper Jermaine Cannon, while “not plausible,” is nevertheless “conceivable,” and thus survives a motion to dismiss, he said.
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