BLAIR V. ANDERSON
325 A.2d 94 (1974)
NATURE OF THE CASE: This was a dispute over third party status as a prisoner.
FACTS: The Department of Corrections for Delaware entered into a contract with the United
States Department of Justice for the safekeeping, care and subsistence of persons held under
authority of any United States Statute. Part of the agreement was that Delaware would be
responsible to keep the prisoners in safe custody and to maintain proper discipline and
control. Delaware argues that P may not sue because of the doctrine of sovereign immunity. P
is suing in that he was a prisoner who was attacked by a fellow prisoner and that D,
including the State, were negligent in permitting such assault. The Superior Court dismissed
the suit. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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