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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ANGELO LEE CLARK, Plaintiff, v. DELAWARE PSYCHIATRIC CENTER, et al., Defendants. ) ) ) ) C.A. No. 11C-01-012 MMJ ) ) ) ) ) )

Submitted: June 2, 2011 Decided: August 9, 2011 State's Motion to Dismiss or for Summary Judgment ORDER

Angelo Lee Clark, Plaintiff, Pro Se Ilona Kirshon, Esquire, Department of Justice, Attorney for Defendant State of Delaware

JOHNSTON, J.

FACTUAL AND PROCEDURAL CONTEXT Plaintiff Angelo Lee Clark was a patient at Delaware Psychiatric Center ("DPC"), a state facility. Clark filed a complaint on February 7, 2011, alleging that the DPC defamed him and invaded his privacy by releasing his psychiatric records to the law firm of McCarter & English, LLP. Clark claims that, as a result, he suffered personal injuries. Clark alleged that the Delaware Community Legal Aid Society informed him of the release on June 11, 2008. In addition to DPC, Clark named as

defendants: McCarter & English, psychiatrist Dr. Praful Desai, attorney Christopher Seltzer of McCarter & English, and "John Doe(s)." In his complaint, Clark explains that John Doe(s) is the unknown person(s) who sent his psychiatric records to McCarter & English. On April 28, 2011, DPC filed a Motion to Dismiss--or, in the alternative, a Motion for Summary Judgment--Clark's complaint alleging that defendants defamed him and violated his privacy by releasing his psychiatric records. DPC argues that Clark's claims: are barred by the applicable two-year statute of limitations periods; fail to state a claim upon which relief can be granted because Clark did not identify a "person" within DPC; and must be dismissed because DPC enjoys sovereign immunity as a state facility. DPC also asserts that Clark's claims against John Doe(s)

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should be dismissed because fictitious name practice is not permitted in Delaware without prior Court authorization. ANALYSIS When reviewing a motion to dismiss, the Court must determine whether the plaintiff has a viable cause of action. 1 The plaintiff's complaint may not be dismissed "unless it appears to a certainty that under no set of facts which could be proved to support the claim asserted would the plaintiff be entitled to relief." 2 When applying this standard, the Court will accept as true all well-pleaded allegations. 3 If the plaintiff may recover, the Court must deny the motion to dismiss. 4 Statute of Limitations 10 Del. C.

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