Del. Code tit. 31 § 4123

Current through 2024 Legislative Session Act Chapter 476
Section 4123 - Administrative liability

Except as may otherwise be provided by state statute, no officer, agent or employee of the State or any Delaware community charged with the enforcement of this chapter shall be rendered personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties under this chapter. No person who institutes, or assists in the prosecution of, a criminal proceeding under this chapter shall be liable for damage therefor unless such person acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any civil suit brought against any officer, agent or employee of the State or of any Delaware community as a result of any act required or permitted in the discharge of duties under this chapter shall be defended by the attorney-at-law of each jurisdiction and of the State until the final determination of the proceedings therein.

31 Del. C. § 4123

65 Del. Laws, c. 153, §1.;