Mock v. Div. of State Police
Decision Date | 31 May 2022 |
Docket Number | C. A. 2019-0229-MTZ |
Parties | SHAWN MOCK, Plaintiff, v. DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY of the STATE OF DELAWARE, Defendant. |
Court | Court of Chancery of Delaware |
Submitted: March 17, 2022
Stephani J. Ballard, LAW OFFICES OF STEPHANI J. BALLARD, LLC Wilmington, Delaware; Attorney for Plaintiff Shawn Mock.
Joseph C. Handlon, STATE OF DELAWARE DEPARTMENT OF JUSTICE Wilmington, Delaware; Attorney for Defendant Division of State Police, Department of Safety and Homeland Security of the State of Delaware.
A former police officer is challenging his termination by the state agency who employed him. By statute, Delaware affords police officers particularized due process measures when they face disciplinary action. The plaintiff argues that the agency violated those due process rights. He does not have a statutory right to judicial review of the agency's decision. And so, the plaintiff seeks a declaratory judgment that the agency violated his rights, together with a permanent injunction voiding the termination, reinstating the plaintiff to his position, awarding him back pay and benefits, and prohibiting the agency from pursuing additional adverse employment action against him.
The Court of Chancery is proudly a court of limited subject matter jurisdiction. This Court jealously defends that limitation and has a duty to examine issues of subject matter jurisdiction sua sponte. I considered the plaintiff's approach to this Court with this mandate in mind. I conclude this Court lacks subject matter jurisdiction to hear the plaintiff's claims. This Court does not have statutory jurisdiction, and the plaintiff does not allege an equitable claim. And a practical view of the plaintiff's claims reveals that to the extent he seeks equitable relief, he has an adequate remedy at law in the form of a writ of mandamus. The case is therefore dismissed, and the parties may transfer the matter to Superior Court under 10 Del. C. § 1902 within sixty days.[1] If the plaintiff elects to transfer, the remaining issues presented by the pending motion to amend and motion to compel, which have been fully briefed, should be transferred as well, so a court of competent jurisdiction can pass on their merits.
On February 28, 2018, Internal Affairs charged Mock with ten counts.[17]Beginning on April 30 and spanning three days, a Divisional Trial Board (the "Trial Board") held a hearing and deliberations on Mock's charges.[18] The Trial Board found seven of the ten charges "substantiated" and recommended disciplinary actions including termination.[19] The Trial Board sent its written recommendations to the Division, but not to Mock.[20]
After the Trial Board makes its recommendations, the Superintendent of the Division of the State Police (the "Superintendent") must "review that decision, taking into consideration other specified factors, and then issue his own decision . . . as to what penalties he recommends be imposed in a given case."[21] On July 18, the Superintendent sent Mock his decision agreeing with the Trial Board's recommendations.[22] Upon receipt of the Superintendent's decision, Mock's counsel asked the Division for the Trial Board recommendations and the Division sent them.[23] On July 26, Mock filed a timely written appeal to the Secretary of the Department of Safety and Homeland Security (the "Secretary").[24] "The Secretary is vested with the authority to hear appeals from disciplinary decisions of the Division and such appeals are reviewed upon the Trial Board's and Superintendent's written decisions; the transcript and record of the Divisional Trial Board hearing, and the officer's prior disciplinary file (collectively the 'record')."[25] The Secretary held oral argument on November 7.[26] The Deputy Attorney General defending the Superintendent's decision on appeal before the Secretary had represented and advised the Trial Board, and had drafted the Trial Board's recommendation to the Superintendent.[27] On December 13, the Secretary issued his written decision upholding the Superintendent's decision to terminate Mock's employment.[28]
On March 25, 2019, Mock sued the Division in this Court.[29] Mock seeks declaratory relief, damages, reinstatement, and an injunction against another iteration of the LEOBOR process, alleging the Division violated his rights under "LEOBOR, Delaware common law, and constitutional due process."[30] He seeks a second appellate review of his termination that would ultimately reverse the termination, give him his job back, and award him money damages. Mock alleges his termination should be reversed for violations "including but not limited to" the following seven:
On May 6, the Division filed a notice of removal to the United States District Court for the District of Delaware.[38] Mock moved to remand, and the Division agreed to remand so long as fees were not sought.[39] On June 20, Mock filed an amended complaint in this Court (the "Amended Complaint"), which removed most, if not all, references to federal due process rights.[40] The Division filed its answer on June 28 and moved for leave to file an amended answer on February 27, 2020.[41] On January 29, 2021, Mock filed a motion to compel.[42] On June 23, the Court asked for supplemental briefing regarding whether this Court has subject matter jurisdiction.[43]The parties submitted the requested briefing, and the Court took the matter under advisement on March 17, 2022.[44]
For decades, Delaware courts have been attempting to parse which courts can offer what relief for a violation of LEOBOR.[45] While LEOBOR enumerates several procedural requirements for disciplining a police officer, it does not...
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