A Delaware judge ruled on Tuesday that a lawsuit concerning the death of a mentally ill woman, Kelly Rooks, who was fatally shot by a state trooper in 2021 will not be dismissed. Raymond Rooks, her brother, alleges that the state police used excessive force and violated her rights under the Americans with Disabilities Act and the federal Rehabilitation Act.
Deputy Attorney General Nicholas Picollelli Jr. argued that there was no intentional discrimination by the police against Rooks and that there was no pattern of mistreatment towards individuals with disabilities. He also stated that the police agency and its senior staff should not be held responsible for the actions of the officers involved in the shooting and that the officers are entitled to qualified immunity.
Superior Court Judge Jeffrey Clark mentioned in his ruling that when considering a motion to dismiss, the court should accept the factual allegations as true and draw all reasonable inferences in favor of the plaintiff. He explained that under Delaware law, an allegation in state court can survive a motion to dismiss if it is “reasonably conceivable.”
The lawsuit accuses Trooper Dean Johnson of using excessive force and claims that two other troopers present failed to prevent Johnson from shooting Rooks. The complaint also aims to hold Delaware State Police accountable for failing to adequately train officers on handling emotionally disturbed individuals.
Although a failure-to-intervene claim against Cpl. Brandon Yencer was dismissed, a similar claim against Trooper Jermaine Cannon was deemed “conceivable” and survived the motion to dismiss. Attorney Patrick Gallagher argued that the troopers were aware of Rooks’ mental state but acted aggressively instead of de-escalating the situation.
The state attorney general’s office report concluded that Trooper Johnson was justified in using deadly force against Rooks as she posed a threat by raising a shotgun and firing at him after making threatening remarks. Rooks suffered from bipolar disorder, and her increased lithium dosage before the incident exacerbated her mental state.
