DOVER, Del. — 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.
Given that Stanford’s case against the Murphys had not been scheduled, much less resolved, in February 20201, the magistrate determined that Murphy and his daughters has been unlawfully ousted. He also said it seemed that Stanford had 'weaponized' a writ against the previous tenant in order to get out of his lease with Murphy. Murphy settled claims against Stanford in the federal lawsuit in 2021.
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