Court Cases

The Delaware Constitution grants us freedom from cruel punishment, even in prison. On May 7, 2026, the ACLU of Delaware filed a lawsuit against the commissioner of the Delaware Department of Correction because correctional officers are routinely failing to follow DDOC's own policies and training requirements when it comes to the use of dangerous chemical agents against incarcerated individuals. Countless lives have been put at risk by officers recklessly administering OC chemicals without following proper decontamination safety protocols, which has the potential to cause grievous injuries or even death. DDOC must take responsibility for its employees when their conduct goes against policy, safety, and civil liberties. We're demanding an end to the cruel and malicious behavior of these officers.

UPDATE: On May 4, 2026 The ACLU of Delaware argued at a hearing in Superior Court in Sussex County against Fenwick Island's motion to dismiss.

On March 12, 2026, the ACLU of Delaware filed a complaint against the Town of Dewey Beach for the unlawful denial of a Freedom of Information Act (FOIA) request seeking access to body worn camera footage from six law enforcement officers. ACLU-DE requested the body worn camera footage after receiving a report that a group of young people had faced potential discrimination last year due to their race. The State of Delaware mandates that police use body worn cameras in order to provide greater transparency and accountability to Delawareans when police officers are working in their public capacity in public spaces. When footage from those cameras is intentionally kept from public view, it undermines trust in law enforcement. Denying a FOIA request like this is yet another example of a public institution misusing FOIA exemptions to avoid being transparent and accountable for how it operates. We will continue to fight to make sure Delawareans can access the public information they are rightfully entitled to have. Freedom of information is integral to our democracy, and all Delaware institutions must uphold it to protect and empower everyone who lives here.

UPDATE: On February 2, 2026, Defendant School Districts filed a motion to dismiss the verified complaint, and on February 23, ACLU-DE filed a response opposing this motion to dismiss.

UPDATE: The United States District Court for the District of Delaware granted the motion to intervene on February 4, 2026.

UPDATE: 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.

It is vital to our democracy for Delawareans to be able to easily access public records for public institutions in our state. On April 7, 2025, the ACLU of Delaware submitted a Freedom of Information Act (FOIA) request to the Delaware Department of Justice (DOJ) seeking various records, including invoices the private law firm Saul Ewing charged DOJ for representation as special counsel on two different cases. Even though both cases are currently pending before the same court, DOJ only released records for one case without explaining why they claimed identical records for the second case were subject to a litigation exception. ACLU-DE submitted a second FOIA request to DOJ on May 15, 2025. To this request, DOJ responded that they had "no responsive records," despite the fact that some of the requested records not only exist but were disclosed in prior FOIA requests. DOJ's inadequate and inaccurate responses to FOIA requests impedes the public's access to information they are rightfully entitled to have. As an organization that values government transparency, we will always fight to uphold the spirit of FOIA and the right of the people to be informed.