The Delaware Call vs Dept. of Safety & Homeland Security

On January 16, 2026, ACLU of Delaware filed its opening brief in the Supreme Court of Delaware on behalf of The Delaware Call, appealing the prior Superior Court decision.

UPDATE: As of October 2, 2025, the Superior Court held that the State of Delaware is not required to pay attorneys' fees when the State violates its requirements under FOIA. This is a disappointing opinion for all advocates of government transparency. To further promote transparency among the Delaware State Police and across the entire state, The Delaware Call is now appealing these decisions to the Supreme Court of Delaware.

UPDATE: On December 23, 2024 the Superior Court of Delaware issued an opinion heavily in favor of The Delaware Call. DSP will be required to disclose the names, ranks, and salary information of its officers. Pending an appeal, DSP is not required to disclose resumes, past employers, and individualized demographic information of officers.

This decision provides a much-needed step forward for greater police accountability and transparency in Delaware! The ACLU of Delaware will continue pursuing the rights of the public to access necessary and relevant information about officers and government officials, especially as those rights are described by the Delaware Freedom of Information Act.

On March 14, 2024, the ACLU of Delaware filed an opening brief with the Superior Court of Delaware on behalf of The Delaware Call, an independent news media group that covers Delaware issues. The brief calls for state agencies to comply with the Delaware Freedom of Information Act (FOIA) and release public records relating to the Division of Delaware State Police of the Delaware Department of Safety and Homeland Security (DSP).

The brief was prepared with legal research support from the Public Justice Advocacy Clinic at George Washington University Law School. While the case amplifies community calls for accountability and transparency around law enforcement, it also highlights the broader issue of inappropriate applications of FOIA among governmental bodies in the state.