Tuesday, February 19, 2013 - 12:04pm
Del. court reverses ruling in judge abuse lawsuit
The Delaware Supreme Court has overturned a ruling rejecting a prison inmate's lawsuit alleging that a former judge sexually abused him.
Justices ruled last week that a judge erred last year in declaring that Wayne Averill filed his 2010 lawsuit against William Bradley, Jr. too late.
Court records show Averill apparently filed his lawsuit before the deadline expired, but a clerk voided it because an address for one of the defendants was missing. The Supreme Court said it's up to a judge, not a clerk, to determine whether a lawsuit is properly filed.
Bradley resigned and was disbarred in 2010 after settling lawsuits by two men who said he molested them. Averill claims he, too, was molested by Bradley starting in 1990 and as recently as 2008.
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