Hunt v. State

69 A.3d 360 (2013)

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Nature of the Case

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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 'there'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 homeschooled 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.