Judge Allows Harassment Suit Against Delaware Police

April 14, 2011

A Superior Court judge has ruled that a sexual harassment case against Delaware State Police may proceed.

State officials wanted to quash the lawsuit by state police secretary Diana L. Miller but Judge Jerome O. Herlihy rejected their arguments. But he ruled that she may not pursue claims of a hostile work environment or retaliation against the agency.

After the lawsuit was filed in 2008, state police officials said a former state police captain was suspended and later retired after having an affair with her.

Miller also said in the lawsuit she received unwelcome sexual advances from a supervisor. But Herlihy said she could not make a hostile work environment claim because she did not allege any improper actions by the supervisor in 120 days before the lawsuit was filed.

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