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DOVER, Del. (AP) — A divided Delaware Supreme Court says the state is liable for the actions of a trooper who sexually assaulted a woman he had arrested.

In a 3-2 decision Tuesday, the court vacated a jury finding that the state was not responsible as Joshua Giddings’ employer for his misconduct. The court said that was a legal issue, not a factual issue for a jury.

The court said the estate of the woman, who died in 2015, is entitled to judgment on the issue of liability. If the parties cannot agree on damages, a trial will be held.

Giddings killed himself in 2009 after being charged with forcing a shoplifting suspect to perform oral sex on him.

Investigators said DNA found in clothing provided by the woman matched Giddings’ DNA.

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