Russell v. Harris
CourtSuperior Court of Delaware
Date FiledSeptember 30, 2026
DocketN26C-01-066 CLS
StatusPublished
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Full Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
CHARINE K. RUSSELL, )
)
Plaintiff, )
)
v. )
) C.A. No. N26C-01-066 CLS
EVERETTE CARL HARRIS, )
Individually, D/B/A, and A/K/A, )
BEACON OF HOPE, CHRISTOPHER )
EARLY LEARNING CENTER, and )
C&C LOW-INCOME HOUSING, )
)
Defendant.
Date Submitted: June 16, 2026
Date Decided: September 30, 2026
Upon Defendant’s Motion to Dismiss Counts IV, V, VI, and VII. GRANTED.
MEMORANDUM OPINION
Charine K. Russell, Pro Se Plaintiff.
David C. Zerbato, Esquire, of MORTON, VALIHURA & ZERBATO, LLC, Attorney for
Defendant.
SCOTT, J.
Before the Court is Defendant Everette Carl Harris’s (“Mr. Harris”) Motion to
Dismiss Counts IV (“Retaliation/Whistleblower Violation”), V (“Defamation”), VI
(“Civil Conspiracy”), and VII (“Alter-Ego/Piercing the Corporate Veil”) under
Superior Court Civil Rule 12(b)(6) for failure to state a claim for which relief can be
granted.1 For the following reasons, Mr. Harris’s Partial Motion to Dismiss is
GRANTED without prejudice.
FACTUAL AND PROCEDURAL BACKGROUND
This case arises from a dispute between Plaintiff Charine K. Russell (“Ms.
Russell”) and Mr. Harris over their failed non-profit collaborations.2 Ms. Russell
alleges Mr. Harris breached the parties’ contract (Count I), was unjustly enriched by
that breach (Count II), and converted her personal property (Count III). Plaintiff
alleges she provided “professional services, labor, marketing, and commercial
furnishings”3 to Defendant’s businesses in exchange for space in one of his business
properties, and that when the parties’ relationship broke down, Mr. Harris denied her
access to her possessions.4 Ms. Russell claims Mr. Harris conducted his businesses
dishonestly,5 and her reports to authorities about his alleged wrongdoing motivated
1
See generally Def.s’ Mot. To Dismiss, D.I. .
2
The facts are drawn from the allegations in the Complaint. See generally Complaint, D.I. 1
(Compl.”).
3
Compl. ¶ 7.
4
Compl. ¶¶ 11-12.
5
Compl. ¶ 6.
Defendant to retaliate against her by defaming her and locking her out of the property
of which she was in rightful possession.6
Plaintiff filed the instant Complaint on January 7, 2026. On February 12,
2026, Defendant answered pro se. Mr. Harris’s present counsel entered his
appearance on March 30, 2026, and submitted a second answer on April 21, 2026.
The Court issued a Trial Scheduling Order on May 21, 2026. Defendant filed the
instant motion on June 9, 2026, which Plaintiff answered on June 16, 2026. While
Plaintiff’s Answer contains allegations and exhibits not included in the Complaint,
this decision is based solely on Plaintiff’s Complaint.
STANDARD OF REVIEW
Upon a motion to dismiss under Superior Court Civil Rule 12(b)(6), the Court
(i) accepts all well-pled factual allegations as true, (ii) accepts even vague allegations
as well-pled if they give the opposing party notice of the claim, (iii) draws all
reasonable inferences in favor of the non-moving party, and (iv) only dismisses a
case where the plaintiff would not be entitled to recover under any reasonably
conceivable set of circumstances.7 The Court does not, however, accept “conclusory
allegations that lack specific supporting factual allegations.” 8 But “it is appropriate
6
Compl. ¶¶ 10-13.
7
ET Aggregator, LLC v. PFJE AssetCo Holdings LLC, 2023 WL 8535181, at *6 (Del. Super.
Dec. 8, 2023); see also World Energy Ventures, LLC v. Northwind Gulf Coast LLC, 2015 WL
6772638, at *6 (Del. Super. Nov. 2, 2015).
8
ET Aggregator, LLC, 2023 WL 8535181, at *6 (quoting Ramunno v. Crawley, 705 A.2d 1029,
1034 (Del. 1998)).
. . . to give the pleader the benefit of all reasonable inferences that can be drawn from
the pleading.”9 Generally, when considering a Rule 12(b)(6) motion to dismiss, the
Court “may not consider matters outside the complaint”10 unless the documents “are
integral to or incorporated by reference in the complaint[.]”11
DISCUSSION
I. Count IV: Plaintiff Does Not Plead Facts Sufficient to Establish that
She and Defendant Had an Employer-Employee Relationship Subject
to the Delaware Whistleblowers’ Protection Act or to Satisfy the
Elements of a DWPA Claim.
Though she does not cite the statute, by describing Count IV as
“Retaliation/Whistleblower Violation”12 Ms. Russell implies that Mr. Harris’s
actions violated Title 19, Chapter 17 of the Delaware Code, the Delaware
Whistleblowers’ Protection Act (“DWPA”).13 The DWPA protects employees who
report their employers’ offenses as defined under the statute and who are then
subject to retaliation by their employers. Here, Plaintiff does not allege facts
sufficient to support a claim that Mr. Harris and Ms. Russell had an employer-
employee relationship subject to the DWPA. If Plaintiff was not Defendant’s
employee, the DWPA does not apply. Plaintiff cannot be a whistleblower under the
9
TrueBlue Inc. v. Leeds Equity Partners IV, LP, 2015 WL 5968726, at *2 (Del. Super. Sept. 25,
2015) (internal quotation marks omitted).
10
ET Aggregator, LLC, 2023 WL 8535181, at *6 (quoting Super. Ct. Civ. R. 12(b)).
11
Id. at *6 (quoting In re Santa Fe Pac. Corp. S’Holder Litig., 669 A.2d 59, 70 (Del. 1995)).
12
Compl. p. 3.
13
19 Del. C. § 1701 et seq.
statute, and any tortious acts committed by Mr. Harris against Ms. Russell cannot
be remedied under the DWPA.
If Ms. Russell was Mr. Harris’s employee, she must plead facts sufficient to
satisfy the elements of the DWPA in order to make a claim for retaliation as a
whistleblower. This Court has held that:
To state a prima facie claim under the DWPA, a plaintiff must allege
facts demonstrating that: (1) she engaged in protected whistleblowing
activity; (2) the employer knew of the protected activity; (3) the
plaintiff suffered an adverse employment action; and (4) a causal
connection exists between the protected activity and the adverse
action.14
Here, Plaintiff alleges Defendant’s adopted children were enrolled in one of the
daycare facilities he controls, and that one of those children was living unsafely in
the attic of his home.15 Ms. Russell states she reported her concerns about these
matters to unidentified authorities and maintains that upon learning of her “reporting
and [unspecified] court filings,” Mr. Harris locked her out of his property and refused
her access to her personal property on his premises.16 Plaintiff does not assert that
Mr. Harris’s actions met the standard for violations under the statute, that Ms.
Russell’s reporting of his actions was protected under the statute, that Ms. Russell
14
Sloan v. Delaware State Univ., 2026 WL 822761, at *4 (Del. Super. Ct. Mar. 24, 2026) (citing
Rich v. University of Delaware, 2025 WL 2206986, at *3 (Del. Super. Aug. 4, 2025)).
15
Compl. ¶ 10.
16
Compl. ¶¶ 10-11.
suffered an adverse employment action, or that a causal connection exists between
Ms. Russell’ protected activity and the adverse employment action.
The Court finds Plaintiff has not plead facts sufficient to establish that she and
Defendant had an employer-employee relationship subject to the DWPA or to satisfy
the elements of a DWPA claim.
II. Count V: Plaintiff Has Not Pled Defamation with Sufficient
Particularity.
In her Complaint, plaintiff claims only that Defendant “published false
statements accusing Plaintiff of violent behavior.”17 The Delaware Supreme Court
has held that:
To state a claim for defamation under Delaware law, the plaintiff ‘must
plead and ultimately prove that: 1) the defendant made a defamatory
statement; 2) concerning the plaintiff; 3) the statement was published;
and 4) a third party would understand the character of the
communication as defamatory.’”18
Here, Plaintiff does not state what Defendant published or whether a third party
would understand the character of the communication to be defamatory.
Additionally, Plaintiff does not allege Defendant’s statements were untrue or specify
whether they were communicated orally (i.e., that they were slander) or in writing
(i.e., that they were libel). Slander and libel are “twin” but not identical torts with
17
Compl. ¶ 13.
18
Page v. Oath Inc., 270 A.3d 833, 842 (Del. 2022) (quoting Doe v. Cahill, 884 A.2d 451, 463
(Del. 2005)).
different pleading standards.19 The Court finds Plaintiff has not pled defamation
with sufficient particularity to put Defendant on notice of the claim against him.
III. Count VI: Plaintiff Has Not Identified a Co-Conspirator with Whom
She Alleges Defendant Engaged in a Civil Conspiracy.
Ms. Russell lists “Civil Conspiracy” among the counts of the Complaint but
offers no supporting facts and names no co-conspirators. This Court has held that:
[C]ivil conspiracy is defined in Delaware as the combination of two or
more persons or entities either for an unlawful purpose, or for the
accomplishment of a lawful purpose by unlawful means, resulting in
damage.20
One cannot conspire alone. Absent an identified co-conspirator and allegation of
some facts concerning their conspiracy, Defendant does not have notice of the claim
against him. The Court finds Plaintiff has not pled civil conspiracy with sufficient
particularity.
IV. Count VII: This Court Does Not Have Jurisdiction to Pierce the
Corporate Veil.
It is well-settled law in Delaware that an action to pierce the corporate veil
may be brought only in the Court of Chancery.21 Superior Court does not have
jurisdiction to pierce the corporate veil, so Count VII may not be heard in this Court.
19
Preston Hollow Capital LLC v. Nuveen LLC, 216 A.3d 1, 9–10 (Del. Ch. 2019).
20
Anderson v. Airco, Inc., 2004 WL 2827887, at *3 (Del. Super. Ct. Nov. 30, 2004) (citing Nutt v.
A.C. & S. Co., Inc., 517 A.2d 690 (Del.Super.Ct.1986)).
21
Sonne v. Sacks, 314 A.2d 194, 197 (Del. 1973).
CONCLUSION
For the foregoing reasons, Defendant’s Partial Motion to Dismiss is
GRANTED without prejudice.
IT IS SO ORDERED.
/s/ Calvin Scott
Judge Calvin L. Scott, Jr.