AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

Civil arrest protections for Delaware courtgoers

Delaware law protects people from civil arrest when attending, going to, or returning from covered court or workers’ compensation proceedings. Civil arrest means arrest or detention unrelated to criminal law enforcement or other judicial orders. Protected people include parties, witnesses, attorneys, and observers. Covered places include buildings housing state court proceedings or judicial offices, and Department of Labor offices hosting Industrial Accident Board proceedings. Protection extends to adjoining entryways, driveways, sidewalks, parking areas, and grounds serving those locations. Criminal arrests and arrests authorized by a judicial order are not covered. Officers can make civil arrests inside covered buildings after giving the presiding judge or administrative officer advance written notice. The notice must identify the person, civil violation, supporting citation or records, and planned arrest time and location. Judicial officers and Board representatives can stop activities that threaten access, disrupt court work, or interfere with these protections. Anyone unlawfully arrested or detained can seek a court review through a writ of habeas corpus. Someone who knowingly violates the advance-notice rule may owe damages for false imprisonment. Courts can award attorney’s fees and costs to winning parties in cases brought under these protections.