The civil suit brought against a former Delaware state trooper’s estate by a woman alleging she was sexually assaulted while in custody has been thrown out by New Castle County Superior Court.
Judge Eric Davis found that it had taken the woman too long to file the suit after Trooper Joshua Giddings died in 2009. Those suing estates must file their case within eight months of the defendant's passing.
The alleged victim waiting more than 14 months to file the case.
The woman is unnamed in the lawsuit and says Giddings forced her to perform a sex act in his patrol car after arresting her for shoplifting at Christiana Mall.
According to the woman, the trooper told her he would let her go home if she cooperated.
She later reported the incident to the state police who eventually arrested Giddings on charges of sexual extortion, receiving a bribe and official misconduct. He committed suicide shortly thereafter.
The woman also tried holding the State of Delaware liable for the reported incident in a separate suit, but Judge Davis also dismissed the case last year.
The alleged victim died the same day as the final hearing for this case and her lawyer did not return phone calls seeking comment as to whether it will be appealed.