Judge dismisses suit against Delaware court officials filed by blind man who was wrongfully evicted

DOVER, Del. (AP) — A federal judge on Tuesday dismissed a lawsuit against Delaware court officials and constables filed by a legally blind man who was wrongfully evicted from a Wilmington apartment along with two of his daughters.

Chief U.S. District Judge Colm Connolly ruled that William Murphy’s claim that officials violated the Americans with Disabilities Act in ousting him must be dismissed because he failed to provide any facts to show he was evicted because of his disability.

Connolly also dismissed claims that constables who evicted Murphy in 2021 pursuant to a writ from Justice of the Peace Court violated his constitutional and civil rights and those of his daughters. As officers of the court acting upon a facially valid court order, the constables are entitled to “quasi-judicial immunity” from liability, he said. Connolly also tossed claims against the JP Court system, noting that, as an arm of the state, it cannot be sued under the Civil Right Act.

“Plaintiffs state in conclusory fashion that defendants have an “evict first, ask questions later policy,” but they do not allege any facts to support this assertion,” Connolly wrote.

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