Somers v. Delaware State Police et al
Plaintiff: Tom Somers, Jr
Defendant: Delaware State Police, Delaware Dept of Probation and Parole, Officer A. Hibbitt and Sgt DeMalto
Case Number: 1:2025cv00561
Filed: May 7, 2025
Court: U.S. District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2025 Filing 19 NOTICE OF SUBSTITUTION OF COUNSEL re DeMalto, Delaware Dept of Probation and Parole, Delaware State Police, A. Hibbitt: Entry of appearance of attorney Colleen Durkin. Attorney Rebecca Bolinger terminated. (Durkin, Colleen)
July 1, 2025 Filing 18 ANSWERING BRIEF in Opposition re #17 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Insufficiency of Process filed by Tom Somers, Jr.Reply Brief due date per Local Rules is 7/8/2025. (Somers, Tom)
June 26, 2025 Filing 17 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Insufficiency of Process - filed by DeMalto, Delaware Dept of Probation and Parole, Delaware State Police, A. Hibbitt. (Bolinger, Rebecca)
June 26, 2025 Filing 16 NOTICE of Appearance by Rebecca Bolinger on behalf of All Defendants (Bolinger, Rebecca)
June 26, 2025 Set Briefing Schedule: re #17 MOTION to Dismiss - Answering Brief due 7/10/2025. (dlw)
June 24, 2025 Opinion or Order Filing 15 ORDER DENYING #4 Motion for Appointment of Counsel. Signed by Judge Maryellen Noreika on 6/24/2025. ***Copy mailed to Pro Se Plaintiff 6/24/2025*** (dlw)
June 24, 2025 Opinion or Order Filing 14 ORDER GRANTING #5 MOTION for Permission to File Electronically (CM/ECF). Signed by Judge Maryellen Noreika on 6/24/2025. ***Copy mailed to Pro Se Plaintiff 6/24/2025*** (dlw)
June 23, 2025 Filing 13 Letter to the Clerk of Court from Tom Somers, Jr. enclosing Executed Summonses. (Attachments: #1 Envelope)(slk)
June 23, 2025 Filing 12 SUMMONS Returned Executed by Tom Somers, Jr. DeMalto served on 6/11/2025, answer due 7/2/2025. (slk)
June 23, 2025 Filing 11 SUMMONS Returned Executed by Tom Somers, Jr. A. Hibbitt served on 6/11/2025, answer due 7/2/2025. (slk)
June 23, 2025 Filing 10 SUMMONS Returned Executed by Tom Somers, Jr. Delaware Dept of Probation and Parole served on 6/11/2025, answer due 7/2/2025. (slk)
June 23, 2025 Filing 9 SUMMONS Returned Executed by Tom Somers, Jr. Delaware State Police served on 6/11/2025, answer due 7/2/2025. (slk)
June 5, 2025 Filing 8 Summons Issued as to Delaware Probation and Parole - Georgetown Branch on 6/5/2025; Delaware Dept of Probation and Parole HQ on 6/5/2025; Delaware State Police on 6/5/2025; Delaware State Police HQ on 6/5/2025. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued)(mrr) Modified on 6/24/2025 (mrr).
May 22, 2025 Filing 7 ACKNOWLEDGMENT OF RECEIPT FOR F.R. Civ. P. 4. - filed by Tom Somers, Jr. (mrr)
May 22, 2025 Filing fee: $ 405, receipt number 4082 (cdd)
May 22, 2025 Remark: Provided Plaintiff with a Rule 4 Packet and blank summonses. (mrr)
May 15, 2025 Opinion or Order Filing 6 ORDER DENYING #1 Motion for Leave to Proceed in forma pauperis - IT IS HEREBY ORDERED that: 1. The application is DENIED based on Plaintiffs annual income of $57,000.00. (D.I. 1) 2. Plaintiff shall pay the $405.00 filing fee within thirty days from the date of this order. Failure to do so will result in the Complaint being dismissed without prejudice. Signed by Judge Maryellen Noreika on 5/15/2025. ***Copy mailed to Pro Se Plaintiff 5/15/2025*** (dlw)
May 14, 2025 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nmf)
May 12, 2025 Filing 5 MOTION for E-Filing Rights - filed by Tom Somers, Jr. (Attachments: #1 Envelope)(slk)
May 7, 2025 Filing 4 MOTION for Appointment of Counsel - filed by Tom Somers, Jr. (slk) Modified on 5/7/2025 (nms).
May 7, 2025 Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (slk)
May 7, 2025 Filing 2 COMPLAINT filed Pro Se with Jury Demand against Delaware State Police, DeMalto, Delaware Dept of Probation and Parole, and A. Hibbitt - filed by Tom Somers, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Acknowledgment of Receipt, #6 Civil Cover Sheet)(slk)
May 7, 2025 Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by Tom Somers, Jr. (slk)
May 7, 2025 Remark: Plaintiff submitted one summons and four USM-285 forms, which have been placed in the case jacket. (slk)

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Defendant: Delaware State Police
Represented By: Colleen Durkin
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Defendant: Delaware Dept of Probation and Parole
Represented By: Colleen Durkin
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Defendant: Officer A. Hibbitt
Represented By: Colleen Durkin
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Defendant: Sgt DeMalto
Represented By: Colleen Durkin
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Plaintiff: Tom Somers, Jr
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