Delaware
How DeShaney v. Winnebago County Department of Social Services applies in Delaware: state-specific rules, key cases, and bar exam notes for Constitutional Law.
In Delaware, courts generally adhere to the precedent established in DeShaney that the government has no affirmative duty to protect individuals from harm caused by third parties. However, Delaware law recognizes certain exceptions, particularly when a special relationship exists between the parties.
Delaware applies the principle from DeShaney to determine that liability may arise only when a governmental entity has a specific duty to protect an individual, typically rooted in a special relationship.
The court held that the school district failed to protect students from sexual abuse by a teacher, establishing a special relationship that created a duty of care.
The court ruled that a school is liable for not intervening in harassment situations when a special relationship exists between students and school officials.
The court emphasized the lack of a substantive due process right to protection unless a special relationship is established between the individual and government.
Delaware generally follows the federal framework established in DeShaney, but distinguishes itself through state-specific precedents recognizing special relationships that create a duty of protection. While federal law is narrow, Delaware allows for broader interpretations concerning the protection of vulnerable individuals under specific circumstances.
Candidates should be aware of Delaware's application of the principles from DeShaney and relevant state cases when preparing for the constitutional law section of the Delaware bar exam.