Lawsuits Filed Against State Police and Trooper After Death of a 51-Year-Old Woman
Jacobs & Crumplar, P.A. filed a complaint against the Delaware State Police and an unnamed trooper in federal court on behalf of the family of a 51-year-old Delaware resident who died as a result of multiple gunshot wounds following an emergency call for help at her home.
The complaints charge the police with excessive force, assault and battery, gross negligence, and wrongful death. The suit is seeking punitive damages as well as funeral expenses.
The woman, Kelly Rooks, suffered from bipolar disorder and had made several calls to state police Troop 5 in Bridgeville multiple times in the week before her death, the complaint states. On March 25, 2021, she had called for help fearing that she had been poisoned.
Rooks’ family said that the victim had been suffering from bipolar disorder since a car accident in 2015 and had severe paranoia in the week before her death. The complaint states that most of the officers approached Rooks carefully, understanding she had mental illness, and that one officer even called her psychiatrist. However, one of the officers was hostile and aggressive, and the situation escalated, resulting in the death of Rooks and a broken hip of her 78-year-old mother.
Police records are sealed in Delaware until an investigation into the use of force is completed. The lawsuit refers to the defendant as John Doe.
The complaint states that the deceased came out of her bedroom, weaponless, saying that she needed to go to the hospital. Within two minutes of the unnamed trooper’s arrival, the situation escalated. The victim’s mother walked toward her to comfort her, and the trooper pushed her to the ground, breaking her hip. That is when the now deceased ran to her room and grabbed a shotgun.
The complaint alleges that based on the angle of three shots fired through the victim’s bedroom door, the door was either closing or closed. Since it was known that the deceased was emotionally disturbed, the complaint states, the trooper should have proceeded slowly, and used a calm voice, instead of escalating the situation with reckless behavior.
After shots were fired, backup arrived at the scene. The activity lasted until after midnight. Rooks died from her wounds at 9:47 p.m.
For more information about filing a wrongful death claim or another suit, contact the legal team at Jacobs & Crumplar, P.A. today. Call 302-656-5445 or complete an online form for a free consultation. Our offices are located in Wilmington and Millsboro, Delaware, and we serve clients throughout Dover, New Castle County, and Sussex County.
Thomas C. Crumplar Selected to Super Lawyers List
Jacobs & Crumplar, P.A. is proud to announce that Thomas C. Crumplar was recently selected to the Super Lawyers 2021 list for being an acclaimed and top-rated personal injury attorney. Super Lawyers chooses attorneys by using an extensive multi-level process that focuses on peer evaluations, verdicts and settlements, education, special certifications, and other professional accolades. Honorees are selected by a state-by-state basis, and Thomas is one of only 13 attorneys in all of Delaware to be chosen. He has been nominated to Super Lawyers each consecutive year since 2019.
Thomas C. Crumplar is the co-founder of the firm, where he primarily focuses on personal injury law. As a law student, he authored various law review articles and was a speaker at national attorney conferences. After Thomas graduated from the University of Virginia in 1975, he gained invaluable experience as a law clerk and from his time working at a corporate and defense law firm. In 1981, Thomas co-founded Jacobs & Crumplar, P.A. in Delaware.
In 1988, Thomas obtained what was then the second highest personal injury verdict in U.S. history in an asbestos case, which amounted to $75 million dollars. In 2010, he received what was then the largest verdict in U.S. history in a church sexual abuse case, which totaled $30 million dollars. Thomas continues to vigorously fight on behalf of personal injury clients.
Thomas is admitted to practice in Delaware and New Jersey, and he is a proud member of the Delaware Bar Association, the New Jersey Bar Association, the American Association for Justice, and the National Crime Victim’s Bar Association. Currently, he is an Elder at Emmanuel Orthodox Presbyterian Church in Wilmington and is involved in different local community groups.
If you need help with a personal injury case, speak to the legal team at Jacobs & Crumplar, P.A. today. We will stand by your side and help you obtain justice. Call us at 302-656-5445 or contact us online for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout the state.
Jacobs & Crumplar, P.A. 2021 Super Lawyers
Jacobs & Crumplar, P.A. is proud to announced that Thomas C. Crumplar was selected to this year’s Delaware Super Lawyers list. Super Lawyers highlights lawyers nationwide through a vigorous selection process. Once a lawyer is nominated, they undergo a thorough review of their professional experience, clients, pro bono work, and community involvement.
Thomas C. Crumplar, co-founder, was selected to Super Lawyers each consecutive year since 2019. Thomas focuses primarily on personal injury law. He received his Juris Doctor from the University of Virginia and is admitted to practice in Delaware and New Jersey. He is a member of the Delaware Bar Association, the New Jersey Bar Association, the American Association for Justice, and the National Crime Victim Bar Association. He has written multiple law review articles and was a previous speaker at national attorney conferences as a law student. In 2010, Thomas obtained the largest award, over $30 million, in a sexual abuse case against an individual church in U.S. history; this was one of the 10 highest verdicts in the U.S. during that time.
If you need help with a legal matter, the legal team at Jacobs & Crumplar, P.A. can help you seek compensation for the harm you suffered. Call 302-656-5445 today or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout state.
Jacobs & Crumplar Files First COVID Lawsuit
The Governor allowed businesses to reopen last year, as long as they followed certain protocols and encouraged their employees who were at greatest risk (i.e. those over the age of 60) to work remotely. Most businesses did so and followed the law. Sadly, there is always someone who proceeds recklessly without concern for the consequences. Such was the case with Infinity Consulting Solutions, a national corporation that focuses on the staffing needs of major Fortune 500 corporations. One would think this company, which is based in New York City and has offices around the country, including Wilmington would have been able, unlike small retail shops and restaurants, to easily protect its employees.
One of its long-time employees, Charles Cacchioli, age 67, had been working remotely (due to an unrelated broken foot), without any problems since January (pre-COVID). On June 8, 2020, rather than letting him continue to work from home as the Governor’s order required, he was ordered to report to the office. Once there, there was no supervision of the other coworkers, many of whom were not wearing masks. One, in fact, had COVID and soon almost 50% of the work force was infected. Cacchioli, who at age 67 was at high risk, was one of those who contracted the virus from this work exposure. He was hospitalized in June, only to die a painful death in July 2020.
His widow has brought this action to make sure this type of irresponsible behavior does not continue.
This is the second Wrongful Death COVID Claim Jacobs & Crumplar, P.A. has handled (the first was the subject of a pre-suit confidential settlement). Sadly, we do not expect it to be the last.
For more information regarding COVID related claims, contact the legal team at Jacobs & Crumplar, P.A. today by calling 302-656-5445 or fill out and on-line form.
Patrick C. Gallagher filed a Petition for a Writ of Certiorari to the United States Supreme Court in the case of Anderson v. Bonnewell, et al.
On October 2, 2020, Jacobs & Crumplar, P.A., attorney Patrick C. Gallagher filed a Petition for a Writ of Certiorari to the United States Supreme Court in the case of Anderson v. Bonnewell, et al. Jacobs & Crumplar, P.A., represents Matthew Anderson, who was beaten by three correctional officers while incarcerated at the Sussex County Violation of Probation Center on February 9, 2015. Matt tried to apologize to Lieutenant Bonnewell for a previous write up for a rules infraction. Lieutenant Bonnewell responded in a profane and degrading manner to Matt. When Matt said that Lieutenant Bonnewell did not have to talk to him like that, Lieutenant Bonnewell got in Matt’s face and started yelling at him. Another correctional officer, Sergeant Bruce Taylor, joined Lieutenant Bonnewell and they started pushing Matt back against a wall in the hallway. As Matt was complying with the officers orders, another correctional officer, Edgar Verde, came running out of the chow hall, grabbed Matt around the neck, and threw him to the ground. Matt was stunned by what was happening, especially when Lieutenant Bonnewell sprayed pepper spray directly in Matt’s face at close range. The officers held Matt down, and he gave them his hands to be handcuffed. Even after he gave them his hands, they slammed his head against the floor. They continued to knee and punch him. After they picked him off of the ground, there was a puddle of blood under Matt’s body. Matt was taken into the infirmary. Later Matt saw the officers high-fiving each other.
Matt filed his lawsuit in the Delaware Superior Court on February 8, 2017. The claims against the officers included state law claims including assault and battery and a federal claim for excessive force in violation of the Eighth Amendment. The Superior Court, however, granted summary judgment in favor of the officers. Summary judgment is intended to resolve cases where there are no factual disputes, but, even though there were factual disputes, the Superior Court determined a jury of Matt’s peers should not hear the case. Jacobs & Crumplar, P.A., appealed the decision to the Delaware Supreme Court, which affirmed the Superior Court’s decision without any explanation.
Jacobs & Crumplar, P.A., therefore has asked the United States Supreme Court to review the decision through a Writ of Certiorari. A Writ of Certiorari asks the United States Supreme Court to exercise its discretion to review the case. The Supreme Court is scheduled to consider whether it will take the case on December 4, 2020. The docket number is 20-445, and the Petition for Writ of Certiorari can be found here.
Patrick C. Gallagher, Esq., partnering with the Council on American-Islamic Relations (“CAIR”)
Jacobs & Crumplar’s commitment to religious freedom encompasses all faiths. Patrick C. Gallagher, Esq., is currently partnering with the Council on American-Islamic Relations (“CAIR”) representing three female employees of the State of Delaware who were discriminated against by the State when it prevented them from wearing hijabs at work. The case is in its early stages. More information can be found here.
Jacobs & Crumplar, P.A. Installs New ActivePure Air Sanitizers in Offices
In an effort to keep our clients and employees safe during this pandemic, we have installed ActivePure Air Sanitizers in both our Wilmington and Millsboro offices. ActivePure technology improves the overall air quality through its advanced purification system. These machines are the most powerful air purifying systems on the market, and they work 24/7 to eliminate airborne and surface contaminants, as well as reduce odors. In addition to our ActivePure technology, our staff will continue to wear masks and practice social distancing in and out of the office.
Jacobs & Crumplar, P.A. Strikes A Blow for Religious Liberties
Jacobs & Crumplar, P.A. is pleased to announce that they have reached a settlement on behalf of their client, Rev. Dr. Christopher Alan Bullock, in his lawsuit against Delaware Governor, John Carney. In May, Bullock, Pastor of Canaan Baptist Church, sued the governor who imposed restrictions on churches in response to the COVID-19 pandemic. Although churches were listed as “Essential”, the Governor imposed unique restrictions that did not apply to other “essential” operations. On Tuesday, the two parties agreed to settle the case out of court.
As part of the settlement, Carney agreed not to impose any restrictions that specifically target Houses of Worship. Governor Carney agreed he will not implement restrictions that specifically target churches and Houses of Worship, including limiting the number of people who can attend a service, limiting the number of services a church decides to conduct, or limiting the length of the service.
Boy Scouts of America Bankruptcy in Wilmington, Delaware
Update: The deadline for Boy Scout survivors of sexual abuse to file claims in the bankruptcy is November 16, 2020. This is a rapidly approaching deadline, so it is advised to call Jacobs & Crumplar, P.A. as soon as possible to protect your rights.
The Boy Scouts of America recently filed for Chapter 11 bankruptcy in Wilmington, Delaware on February 18, 2020. Jacobs & Crumplar, P.A. has significant experience fighting for survivors of sexual abuse in Bankruptcy Court. The firm also regularly acts as co-counsel to file motions in Bankruptcy Court for out of state attorneys who are litigating cases against a defendant who files for bankruptcy.
In October 2009, the first cases filed under the Child Victim’s Act to go trial were that of John Vai v. Diocese of Wilmington, Inc., St. Elizabeth’s Catholic Church, and Francis J. DeLuca, former priest of the Diocese of Wilmington whose victims numbered over 20 in his 40 year career with the Diocese and beyond. On the eve of the trial, the Diocese of Wilmington filed for bankruptcy; this meant that the trial was put on hold. Jacobs & Crumplar, P.A., along with The Neuberger Firm, fought for the rights of survivors in the Bankruptcy Court. Significantly, seven survivors were permitted to testify live on August 12, 2010 in Bankruptcy Court to show that they would be irreparably harmed if their cases against the individual parishes were not allowed to go forward to trial. The Bankruptcy Court determined on August 13, 2010 that the survivors would be irreparably harmed if not permitted to go to trial in the fall of 2010.
In October 2010, Jacobs & Crumplar, P.A. and The Neuberger Firm represented survivor John Vai in his trial, which was permitted by the Bankruptcy Court to proceed against Francis J. DeLuca and St. Elizabeth’s parish. The jury found St. Elizabeth’s parish was reckless, grossly negligent, and negligent, awarding $60 million against DeLuca and $3 million against St. Elizabeth’s parish.
In February 2011, clergy abuse survivors and the Diocese of Wilmington reached a $77.425 million settlement and creation of a trust to resolve claims against the Diocese of Wilmington.
If you are a survivor of abuse while in the Boy Scouts of America or a lawyer who needs assistance with matters in our bankruptcy court, please contact us today. The Millsboro sexual abuse lawyers at Jacobs & Crumplar, P.A. have successfully won cases for survivors of sexual abuse. Call us at 302-600-1935 or complete our online form for a free consultation. Located in Wilmington and Georgetown, Delaware, we proudly serve clients throughout the state, including Dover, New Castle County, and Sussex County.
Attorney Andrea Green Steps Back from the Active Practice of Law
The last several months have brought many changes not only to our world but also to our Jacobs & Crumplar, P.A. family. Andrea Green has made the decision to step back from the daily practice of law. She will continue to be associated with Jacobs & Crumplar, P.A., although in a somewhat different role (i.e. consulting on individual cases, as needed). Andrea has been practicing law for more than 25 years and has extensive experience in personal injury and workers’ compensation. Although we will greatly miss having Andrea in the Millsboro office and the contributions that she made to the success of the firm, we hope that she truly enjoys the opportunity to devote more time to family and personal interests.
For all Andrea’s former clients we would hope that if you have a new legal matter that you contact Jacobs & Crumplar, P.A. Andrea will continue to have some involvement in any new claim and you will be entitled to our returning client 10% discount.