A federal civil rights lawsuit filed in the U.S. District Court for the District of Delaware alleges that former Delmar Police Officer Darrell T. Powell sexually assaulted a woman in 2024.
The complaint alleges he acted under color of law and under the pretense of an official police investigation and accuses the Towns of Delmar, Delaware, and Delmar, Maryland, of failing to properly supervise and train him.
The complaint, filed on June 11, 2026, by an anonymous plaintiff identified as Jane Doe, seeks compensatory and punitive damages and names Powell, the Town of Delmar, Delaware, and the Town of Delmar, Maryland as defendants.
According to the complaint, the plaintiff contacted the Delmar Police Department on June 10, 2024, to report a stolen necklace. She alleges she was instructed to come to the police station, where Powell provided his personal cell phone number so she could send photographs of the missing jewelry. The lawsuit alleges that four days later, on June 14, 2024, Powell went to her home under the guise of investigating the theft, forced his way inside, sexually assaulted her, and later told her he was “the police” and could find her anywhere.
The lawsuit further alleges that after the plaintiff posted on Facebook on July 23, 2024, claiming Delmar police officers were raping women, the police department contacted her and requested that she remove the post. The complaint also alleges police vehicles repeatedly drove by and parked near her home in an effort to intimidate her.
According to the allegations, on July 23, 2024, Delmar Police Department became aware of Plaintiff’s allegations of sexual assault, and an investigation was opened by the Maryland State Police. The investigation concluded in February 2025. The investigative file was provided to the Office of the State’s Attorney for Wicomico County. According to the complaint, the Delmar Police Department’s internal investigation determined that Powell committed a departmental policy violation by failing to activate his body-worn camera.
On April 10, 2025, Senior Assistant State’s Attorney Patrick Gilbert (“Mr. Gilbert”) issued a declination letter finding that Defendant Powell did not activate his body-worn camera when interacting with Plaintiff, did not advise colleagues of his location, and did not document his travel to the plaintiff’s home on June 14, 2024, according to the complaint. The lawsuit claims Mr. Gilbert’s declination to prosecute Defendant Powell for the rape of Plaintiff, in part, stated that although there was insufficient evidence for prosecution, “there is certainly evidence suggestive [of the rape].”
The federal lawsuit also references Powell’s subsequent criminal case in Delaware. On June 8, 2026, the Delaware Department of Justice announced that a Sussex County grand jury had indicted Powell on charges of stalking, offensive touching, four counts of unlawful sexual contact, and three counts of official misconduct. Those criminal charges stem from separate alleged incidents involving three individuals between July 2025 and February 2026.
According to prosecutors, one allegation involves an incident on July 25, 2025, when Powell was working an extra-duty assignment at Delmar Speedway and is accused of inappropriately touching a patron who had requested police assistance. Additional allegations involve incidents on January 7, 2026, at a Delmar grocery store and on February 24, 2026, at a local retail business, where Powell is accused of inappropriate touching, making sexual comments, and conducting an improper traffic stop. Powell was suspended from duty on February 26, 2026, after the allegations were reported.
The federal complaint cites Powell’s June 8, 2026, indictment and alleges it demonstrates a pattern of misconduct that the municipal defendants knew or should have known about. The lawsuit further alleges the Towns of Delmar, Delaware, and Delmar, Maryland failed to adequately train, supervise, discipline, and monitor Powell, including enforcing body-worn camera policies, documenting officer activity, supervising home visits, and responding to warning signs of alleged misconduct.
The complaint asserts federal claims alleging violations of the plaintiff’s constitutional rights, including substantive due process, municipal liability, and First Amendment retaliation, as well as state law claims for negligent hiring, negligent supervision, negligence, intentional infliction of emotional distress, and assault and battery.
The allegations contained in the civil complaint have not been proven in court. Likewise, the criminal charges announced on June 8 are allegations, and Powell is presumed innocent unless and until proven guilty in court.
