Del. C. » Title 10 — Procedure · CHAPTER 40. Tort Claims Act · Courts and Judicial Procedure

10 Del. C. § 4010

Definitions

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As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings:

(1) “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term “employee” shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.

(2) “Governmental entity” means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads.

62 Del. Laws, c. 124, §  2;  69 Del. Laws, c. 328, §  2; 
Notes of Decisions
Cited in 18 cases (9 in the last 5 years), 1985–2026 · leading case: Artesian Water Co. v. Government of New Castle County
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Artesian Water Co. v. Government of New Castle County (1985) ded · cites it 2× “The Delaware County and Municipal Tort Claims Act (“Tort Claims Act”), 10 Del.C. § 4010 et seq. (1984), states that “[ejxcept as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking…”
Wilcher v. City of Wilmington (1999) ded · cites it 4× “However, by their Motion, the Defendants also raise the argument that they are immune from suit under 10 Del.C. § 4010. Because the immunity argument is unique to the remaining Defendants as governmental entities and/or employees, the Court will consider the Defendants’ claim of…”
Chambers v. Doe (2006) ded “The City defendants move for summary judgment on the basis that a suit for the torts of assault, battery and negligence is precluded by the Delaware County and Municipal Tort Claims Act (“the Act”), 10 Del. C. § 4010 et seq. Defendants argue that the record fails to demonstrate…”
Austin v. Taylor (2009) ded · cites it 2× “), pursuant to 10 Del. C. § 4010, fails. 3 (D.I. 8 at 6) In support of his medical negligence claim, plaintiff has submitted an affidavit of merit by a registered nurse and legal nurse consultant as to defendants CMS and “Nurse Beth” as required by Delaware law.”
Toner v. Meyer (2020) delsuperct · cites it 2× “Plaintiff argues that because Meyer was a candidate at the time the alleged defamatory statement was made, he was a private citizen not entitled to Tort Claims Act immunity. Section 4010(1) defines “Employee” as “a person acting on behalf of a governmental entity in any official…”
Rishell v. Hartly Volunteer Fire Company (2024) delsuperct · cites it 2× “9 10 Del. C. § 4010(2). 10 Pl.’s Response to Def.”
Bracy v. Johnson (2024) ded · cites it 2× “10 Del. C. §4010. (D.1. 11) A. Counts I through III - Section 1983 Claims Defendants argue that the Plaintiffs have not set forth specific facts supporting liability against the Doe Officers.”
Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company (2025) delsuperct · cites it 2× “27 10 Del. C. § 4010(1). 28 10 Del. C. § 4011(c).”
Dufresne v. Camden-Wyoming Fire Company Inc. (2020) delsuperct “117 Dufresne makes no claim that the Fire Company is a governmental body 112 10 Del. C. § 4010(1). 113 Id. § 4011(c). 114 The Second Amended Complaint alleges that the individual Defendants “also made .”
Ye v. New Castle County Police Department (2020) ded “The Tort Claims Act provides that “except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages.” 10 Del. C. § 4011(a).”
Randolph Lucas v. Wilmington Police Department (2021) ded “It also moves to dismiss all state law claims against it based upon its immunity under the Delaware County and Municipal Tort Claims Act, 10 Del. C. § 4010 ef seq. Plaintiff concedes that these claims against the City of Wilmington should be dismissed.”
Amoako v. Clayton Police Department (2024) delsuperct “56 The Clayton Defendants cite to Fiat Motors of North America, Inc. v. Mayor and Council of City of Wilmington57 for the argument that “except as otherwise expressly provided by 50 Clayton Defs.”
Show all 18 citing cases →
— 10 Del. C. § 4010(1) — 2 cases
Dufresne v. Camden-Wyoming Fire Company Inc. (2020) delsuperct “117 Dufresne makes no claim that the Fire Company is a governmental body 112 10 Del. C. § 4010(1). 113 Id. § 4011(c). 114 The Second Amended Complaint alleges that the individual Defendants “also made .”
Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company (2025) delsuperct “27 10 Del. C. § 4010(1). 28 10 Del. C. § 4011(c).”
— 10 Del. C. § 4010(2) — 6 cases
Artesian Water Co. v. Government of New Castle County (1985) ded “The Delaware County and Municipal Tort Claims Act (“Tort Claims Act”), 10 Del.C. § 4010 et seq. (1984), states that “[ejxcept as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking…”
Toner v. Meyer (2020) delsuperct “Plaintiff argues that because Meyer was a candidate at the time the alleged defamatory statement was made, he was a private citizen not entitled to Tort Claims Act immunity. Section 4010(1) defines “Employee” as “a person acting on behalf of a governmental entity in any official…”
Rishell v. Hartly Volunteer Fire Company (2024) delsuperct “9 10 Del. C. § 4010(2). 10 Pl.’s Response to Def.”
Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company (2025) delsuperct “27 10 Del. C. § 4010(1). 28 10 Del. C. § 4011(c).”
Brown v. NCCHA (2025) delsuperct
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