Delaware
How Calvert v. State of Texas applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware law adheres to the principles of sovereign immunity but allows for certain exceptions, notably in cases involving negligent conduct by public entities. The court evaluates whether the government entity acted with discretion or was grossly negligent.
In Delaware, governmental immunity may be waived in tort cases if the action does not involve discretionary functions or if there is gross negligence in a public service context, as derived from the principles in Calvert v. State of Texas.
Delaware ruled that the state is immune from tort claims arising out of the performance of its governmental functions unless there is a clear waiver.
This case further emphasized that claims against state entities require careful consideration of whether the actions in question involved basic governmental functions.
The court held that the state could be held liable for gross negligence in cases where the state's actions caused harm to individuals, similar to the principles laid out in Calvert.
Delaware's approach to sovereign immunity aligns with federal principles in that both recognize immunity for discretionary actions but differ in the specifics of how gross negligence is analyzed. Federal law often has more stringent standards for the waiver of immunity compared to Delaware.
The principles from Calvert v. State of Texas are relevant for understanding tort claims involving state actors, which is often tested in the Delaware bar exam.