IN THE SUPREME COURT OF THE STATE OF DELAWARE

NINA SHAHIN, §

§ No. 425, 2018

Appellant Below, §

Appellant, § Court Below: Superior Court of the

§ State of Delaware

v. §

§ C.A. No. K17A-12-004

DOVER POLICE OFFICER DALE § 

BONEY, §

§

Appellee Below, §

Appellee. §

 Submitted: December 28, 2018

 Decided: February 26, 2019

Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.

O R D E R

Upon review of the parties’ briefs, the Superior Court record, and the record 

from the Court of Common Pleas, it appears to the Court that:

(1) The appellant, Nina Shahin, filed a complaint in the Court of Common 

Pleas against Dover Police Officer Dale Boney and State Farm Mutual Insurance 

Company (“State Farm”). The complaint arose out of a traffic ticket that Shahin 

received from Officer Boney when Shahin was involved in a minor traffic accident 

in the parking lot of a grocery store in Dover. Shahin claimed that Officer Boney 

gave her the ticket when the circumstances of the accident warranted the other party 

to the accident receiving the ticket. Shahin also alleged that Officer Boney 
2

fabricated the police report, which caused State Farm to deny Shahin’s claim for 

reimbursement for damages caused to her vehicle in the accident.

(2) By order dated April 13, 2016, the Court of Common Pleas dismissed 

Shahin’s complaint against Officer Boney after finding that Officer Boney was 

immune from liability under the County and Municipal Tort Claims Act.

1

 By order 

dated July 19, 2016, the Court of Common Pleas denied Shahin’s motion to alter or 

amend the April 13, 2016 judgment.2

(3) Following the dismissal of the complaint against Officer Boney, Shahin 

and State Farm filed cross-motions for summary judgment. The Court of Common 

Pleas denied Shahin’s motion and granted summary judgment to State Farm. The 

court then denied Shahin’s motion for reargument of the order granting summary 

judgment to State Farm and Shahin’s motion for relief from the denial of the motion 

for reargument.

(4) Shahin appealed to the Superior Court. By order dated June 6, 2018, 

the Superior Court affirmed the judgment of the Court of Common Pleas.

3

 The court 

also denied Shahin’s motion for reconsideration of the June 6, 2018 order.

(5) On appeal in this Court, Shahin challenges the Court of Common Pleas’ 

dismissal of her complaint against Officer Boney. We apply the same standard of 

 

1

2016 WL 3152575 (Del. Com. Pl. April 13, 2016).

2

2016 WL 5660318 (Del. Com. Pl. July 19, 2016).

3

2018 WL 2733372 (Del. Super. June 6, 2018).
3

review as the Superior Court and review independently the underlying decision of 

the Court of Common Pleas.4 

(6) Upon de novo review, we find no error in the Court of Common Pleas’ 

dismissal of the complaint against Officer Boney for failure to state a claim, and we 

find no error in the Court of Common Pleas’ denial of Shahin’s motion to alter or 

amend the judgment. Shahin’s complaint did not allege that Officer Boney caused 

personal injury, property damage, or death. For that reason, Officer Boney was 

immune from liability under the County and Municipal Tort Claims Act.5

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior 

Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

Justice

 

4 Hicklin v. Onyx Acceptance Corp., 970 A.2d 244, 248 (Del. 2009).

5

10 Del. C. § 4011(c) (Supp. 2019).