Background
Eight prisoners filed a putative class action against Delaware Department of Correction Commissioner Terra Taylor, alleging that correctional officers sprayed them with oleoresin capsicum, or OC, and failed to facilitate decontamination after they became compliant and the area was secured. They claimed that using OC without decontamination violated the Cruel Punishment Clause of Article I, Section 11 of the Delaware Constitution and sought declaratory and injunctive relief.
The Court of Chancery rejected several grounds for dismissal, recognizing a private right of action for declaratory and injunctive relief under the state constitutional provision and finding standing and ripeness. It later denied a preliminary injunction because the prisoners had not shown that the balance of hardships favored relief, although it found a reasonable probability of success and a risk of irreparable harm. In doing so, the court held that the Delaware clause has meaning independent of the federal Eighth Amendment and applies an objective test rather than requiring proof of cruel intent. The commissioner sought interlocutory review of those rulings.
The Court’s Holding
The Delaware Supreme Court refused the interlocutory appeal. Giving due weight to the Court of Chancery’s assessment, the Supreme Court concluded that the application did not satisfy the strict standards for interlocutory review under Supreme Court Rule 42(b).
The court agreed that the commissioner’s request to certify rulings from the July 17 decision was untimely. As to the August 11 decision, it held that the potential benefits of immediate appellate review did not outweigh the inefficiency, disruption, and probable costs of an interlocutory appeal. The refusal did not decide the merits of the prisoners’ constitutional claims or endorse the Court of Chancery’s interpretation of the Cruel Punishment Clause.
Key Takeaways
- The Supreme Court declined immediate review because Rule 42’s demanding requirements for an interlocutory appeal were not met.
- The certification request concerning the Court of Chancery’s July 17 rulings was untimely.
- The constitutional merits—including whether Delaware’s Cruel Punishment Clause provides protection independent of the Eighth Amendment—remain available for review after final judgment.
Why It Matters
The order leaves the Court of Chancery proceedings on track, including adjudication of whether the Department’s decontamination policy adequately protects incarcerated people exposed to OC spray. It also preserves, without resolving, potentially significant questions about an implied equitable cause of action under Delaware’s Constitution and the substantive standard governing unconstitutional prison conditions.
For litigants seeking interlocutory review, the decision underscores both the importance of Rule 42’s ten-day certification deadline and the Supreme Court’s reluctance to interrupt trial-court proceedings when prompt final adjudication offers a more efficient route to appellate review.