Lawsuit against Smyrna, local cop dismissed by Superior Court judge

DOVER — Absent any coherent accusations a lawsuit against the Town of Smyrna and a police officer involving a supposed vehicle search was tossed out in Superior Court earlier this month.

Clarence S. Harrison Jr. filed an action in Kent County, and the defendants successfully argued for a motion to dismiss on Nov. 15 based on it failing “to state a claim on which relief may be granted,” according to the Court in a three-page order.

An amended complaint did not meet the standard of allegations to at least be considered as potentially fact-based, Judge Noel E. Primos determined.

“The Court can form no idea of what Mr. Harrison alleges to have happened, where or when it occurred, or who was involved other than the plaintiff,” he wrote.

“The complaint lacks any specificity whatsoever and contains only vague, conclusory allegations, and a puzzling assertion of $1.5 million dollars of damage to a painting by a prominent Dutch Golden Age painter, Rachel Ruysch.”

The order included Mr. Harrison’s amended complaint that read:

“Illegal stop. Groping my persons. Illegal search of my vehicle.

“Theft by deception. Profiling discrimnatory [sic] actions. In clear violation of 1977 human rights act.

“Threatening to do physical [sic] harm. Continuing to call me a terrorist.

“The Plaintiff will be seeking punitive and pensatory [sic] damages.

“Also property damage Rachel Ruysch In Full Bloom (Dutch 1664-1750) my painting valued at 1.5 million.”

According to Judge Primos, the complaint “contains insufficient information to permit analysis by this Court. Therefore, dismissal is appropriate.

“Mr. Harrison is free to refile and provide allegations of specific conduct by particular persons and how this entitles him to relief.”

There was no basis to consider whether the town and police were covered by sovereign immunity in Delaware Code, Judge Primos found.

“Absent adequate factual allegations, it is impossible to determine whether such a defense would be applicable to this case,” he maintained.

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