Delaware judge refuses to dismiss lawsuit filed in shooting death of mentally ill woman

DOVER, Del. — A Delaware judge on Tuesday declined to dismiss a lawsuit involving the death of a mentally ill woman who was killed by a state trooper in 2021 after she shot him with a shotgun.

Raymond Rooks claims state police used excessive force in shooting his 51-year-old sister, Kelly Rooks, and violated his rights under the Americans with Disabilities Act and the federal Rehabilitation Act.

At a hearing earlier this year, Assistant Attorney General Nicholas Picollelli Jr. argued that the police did not deliberately discriminate against Rooks and that the lawsuit did not allege any pattern of mistreatment of people with disabilities by officers. He also argued that the police and their officers could not be held liable for the actions of the officers involved in the shooting. He also argued that the police were entitled to qualified immunity for acts committed in the performance of their official duties.

In his decision, Superior Court Judge Jeffrey Clark emphasized 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 found to be “reasonably conceivable,” a less stringent threshold than the plausibility standard for pleading in federal court.

The complaint accuses Officer Dean Johnson of using excessive force in shooting Rooks. It also claims that two other officers at the scene failed to intervene to stop Johnson from shooting him. The complaint also seeks to hold the Delaware State Police and its executive staff accountable for the officers' actions, claiming the police agency failed to properly train officers on how to deal with emotionally disturbed people.

The only claim Clark dismissed was a failure-to-intervene claim against Corporal Brandon Yencer. A similar claim against Trooper Jermaine Cannon, while “implausible,” is nonetheless “conceivable” and therefore survives a motion to dismiss, he said.

Patrick Gallagher, Raymond Rooks' attorney, argued at a hearing in March that officers knew Rooks was mentally unstable based on their numerous interactions with her in the days leading up to the shooting. However, instead of trying to de-escalate the situation, officers were “angry, hostile and aggressive” when they arrived, Gallagher said.

“It was not a call for the police, but a call for medical help,” he said.

According to the complaint, Rooks suffered from bipolar disorder and an increase in the dose of lithium she was taking shortly before the shooting made her “more depressed, anxious and paranoid.”

A report from the state attorney general's office concluded that Johnson was justified in using deadly force against Rooks after she asked, “Which one of you pigs wants to die tonight?” and raised a shotgun toward Johnson and fired. The report concluded that Johnson was reasonably in fear for his life and the lives of others when he shot Rooks.