Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:06-cv-00018-JJF

Document 29

Filed 08/15/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE H. LEIGHTON LASKEY, Plaintiff, v. PFC. ROBERT C. LEGATES, PFC. WHEATLEY and JOHN DOE, Supervisor on duty at Millsboro Police Department, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-018-JJF

REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S "AMENDMENT" AND "AMENDED COMPLAINT" 1. Plaintiff's "Objection to Defense Request to Dismiss"

asserts that under Delaware law force can be used to obtain a chemical test in a DUI case "only...if vehicular manslaughter or injury occurs during a DWI." this assertion. Plaintiff cites no authority for

In fact there is no requirement that vehicular

manslaughter or injury occur before a officer may use reasonable force to obtain a chemical test. McCann v. State of Delaware,

588 A.2d 1100, 1101 (Del. Supr. 1991) (If the officer does not inform a DUI suspect of the penalty of revocation for refusal, reasonable force may be used to take a blood sample from a suspected drunk driver). WHEREFORE, for the reasons set forth herein and in Defendants' Memorandum of Points and Authorities in Support of their Motion to Dismiss Plaintiff's "Amendment" and "Amended

Case 1:06-cv-00018-JJF

Document 29

Filed 08/15/2006

Page 2 of 2

Complaint", defendants request that Plaintiff's Amended Complaint be dismissed with prejudice for failure to state a claim upon which relief can be granted. AKIN & HERRON, P.A. /s/ Bruce C. Herron Bruce C. Herron Attorney I.D. No.: 2315 1220 N. Market Street Suite 300 P.O. Box 25047 Wilmington, DE 19899 (302) 427-6987 Attorney for Defendants PFC Robert C. Legates, PFC Wheatley and "John Doe" Supervisor on Duty at Millsboro Police Department Dated: August 15, 2006
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