Delaware
How Anglin v. State of Delaware applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware law recognizes the principle of government immunity but carves out exceptions for tortious conduct. In Anglin v. State of Delaware, the court explored the limits of such immunities and the balancing of governmental interests with those of injured parties.
Under Delaware law, the State may be held liable for torts committed by its employees when such acts are not discretionary in nature, thus creating a waiver of the sovereign immunity doctrine in certain contexts.
The court held that the state can be liable for negligent acts of its employees in certain scenarios even under the general doctrine of sovereign immunity.
It was determined that while the state enjoys sovereign immunity, such immunity does not extend to grossly negligent actions of its officers.
In this case, the court reiterated that the state can be held liable if the tortious act occurs outside the scope of discretionary functions.
While federal law under the Federal Tort Claims Act (FTCA) allows for some waivers of immunity, it is often more restrictive than Delaware law. Delaware's application recognizes broader categories of potential liability against the state, especially concerning non-discretionary acts.
Topics related to sovereign immunity and tort liability of the state, as established in Anglin, are relevant for the Delaware bar exam, particularly in the context of government liability questions.