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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY MICHAEL C. VANNICOLA )
)  CIVIL ACTION NUMBER  
Plaintiff  )  
)  07c-03-040-JOH  
v.  )  
)  

CITY OF NEWARK, NEWARK POLICE )
DEPARTMENT, TRACY SIMPSO N, )
GEORGE STANKO, and KURT DAVIS )
)
Defendants )
)

    Submitted: August 3, 2010 Decided: December 21, 2010
MEMORANDUM OPINION
Upon Motion of Defendants to Strike - DENIED
Upon Motion of Defendant Simpson for Summary Judgment - DENIED
Upon Motion of Defendants Jones, Stanko, and Davis for Summary Judgment - GRANTED

Appearances:
Vincent J. X. Hedrick, II, Esquire, of the Law Offices of Beverly L. Bove, Wilmington, Delaware, Attorney for Trevor Knight
Daniel A. Griffiths, Esquire, of Whiteford Taylor Preston, LLC, Wilmington, Delaware, Attorney for Tracy Simpson, George Stanko, and Chris Jones
J. Scott Shannon, Esquire, of Marshall, Dennehy, Warner, Coleman, & Goggin, Wilmington, Delaware, Attorney for Rachel Davis
HERLIHY, Judge
Defendants Newark police officers Tracy Simpson, Chris Jones, and Sgt. George
Stanko, and defendant Newark Communications Officer Rachel Davis have moved for summ ary judgment.  Plaintiff Michael C. Vannicola has sued them for personal injuries arising out of a detention during which he claims their conduct caused him injury. As local government police officers and employees they can only be personally liable if their conduct amounts to wanton negligence or willful or malicious intent.
The defendants argue they were not negligent, at worst, merely negligent.  If so, they are immune from liability.  Vannicola argues, however, they were wantonly negligent and that the issue of whether they were is for the jury to decide, making summary judgment inappropriate.
Intertwined with the parties

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