Delaware
How Black v. State of Michigan applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware applies the principles of tort law and state liability similarly to those seen in 'Black v. State of Michigan', particularly in the context of immunity and negligent acts by state entities. The Delaware courts evaluate the scope of sovereign immunity and its exceptions carefully, aligning with the rationales presented in the Black case.
In Delaware, under 1 Del. C. § 5111, the state retains sovereign immunity except where expressly waived, allowing for claims in tort where the state engages in acts not shielded by immunity.
The court held that the Delaware State Police could be held liable for the negligent conduct of its officers when acting outside the scope of lawful authority.
The court ruled that the Department of Corrections was liable for negligence due to inadequate training leading to injury, highlighting the exceptions to sovereign immunity.
The court found that the Wilmington Parking Authority was not entitled to sovereign immunity when engaging in activities that fall under the ordinary operations of a business.
Delaware's approach to sovereign immunity reflects a careful balance between state interest and individual rights, similar to the federal standard found in the case of Earle v. Kentucky. However, Delaware provides specific statutory provisions that outline the circumstances under which the state may be held liable, whereas federal standards often rely more heavily on common law principles.
Students should be familiar with Delaware's sovereign immunity statutes and notable exceptions, as they frequently appear in tort-related questions on the Delaware bar exam.