Del. C. » Title 10 — Fees and Costs · CHAPTER 88. Proceedings in Forma Pauperis · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8801 (2026)

Definitions

✓ current as of May 2026
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When used in this chapter:

(1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ.

(2) “Conditions of confinement” shall mean any aspect of a prisoner’s complaint that does not address the fact or duration of a prisoner’s confinement.

(3) “Court” or “courts” shall mean all constitutional or statutory courts of this State.

(4) “Factually frivolous” shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial.

(5) “Federal court” shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section.

(6) “Inmate account” shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State.

(7) “Legally frivolous” shall mean a claim based on an indisputably meritless legal theory.

(8) “Malicious” shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims.

(9) “Prisoner” shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State.

70 Del. Laws, c. 411, §  1;  71 Del. Laws, c. 325, §  1;  73 Del. Laws, c. 276, §§  1, 2; 
Notes of Decisions
Cited in 23 cases (8 in the last 5 years), 2014–2025 · leading case: Taylor v. DSCYF (Del. 2019).
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Taylor v. DSCYF (Del. 2019). · cites it 3× “6 10 Del. C. § 8801(4). 7 10 Del. C. § 8801(7).”
Walter Earl Allen, II v. Comm'r Robert Coupe (Del. Super. Ct. 2016). · cites it 2× “12 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Ward T. Evans v. Comm'r Robert Coupe (Del. Super. Ct. 2016). · cites it 2× “8 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Cinqmars v. Clews (Del. Super. Ct. 2021). · cites it 2× “3 10 Del. C. § 8801 defines “legally 1 10 Del.”
Biggins v. Coupe (Del. 2016). “4 10 Del. C. § 8801(1) (emphasis added). 5 Walls v.”
Evans v. State (Del. 2017). “4 See 10 Del. C. § 8801(7) (“‘Legally frivolous’ shall mean a claim based on an indisputably meritless legal theory.”
Michael-destry Williams Trust v. United States (Del. Ch. 2018). “7 10 Del. C. § 8801(7); McCoy v. Taylor, 1998 WL 842322 , at *2 (Del.”
Michael-destry Williams v. United States (Del. Ch. 2018). “5 10 Del. C. §8801(7); McCoy v. Taylor, 1998 WL 842322 , at *2 (Del.”
Philip Delgrosso v. United States of Am., Timothy Garrison, Randall Eggert, Gary Milligan, & Unknown Trust Trs. (Del. Ch. 2018). “11 10 Del. C. § 8801(7); McCoy v. Taylor, 1998 WL 842322 , at *2 (Del.”
Taylor v. Dep't of Servs. for Child., Youth & Their Families (Del. Super. Ct. 2019). “5 10 Del. C. § 8801(4). 6 Id. at § 8801(7).”
DuRoss v. Connections, CSP, Inc. (Del. Super. Ct. 2019). “” 10 Del. C. § 8801(4). A claim is legally frivolous when the claim is “based on an indisputably meritless legal theory.”
Sanders v. Dep't of Just. (Del. Super. Ct. 2020). “Sanders is enjoined from filing future claims without leave of this Court, and any future requests to file claims must be accompanied by an affidavit certifying that: '9 10 Del. C. § 8801(8). 20 See Sanders, 2015 WL 3766447 , at *2 (“[T]he Court finds that this appeal is…”
Show all 23 citing cases →
— 10 Del. C. § 8801(1) — 2 cases
Biggins v. Coupe (Del. 2016). “4 10 Del. C. § 8801(1) (emphasis added). 5 Walls v.”
Jones v. Gateway House, Inc. (Del. 2023).
— 10 Del. C. § 8801(4) — 6 cases
Walter Earl Allen, II v. Comm'r Robert Coupe (Del. Super. Ct. 2016). “12 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Ward T. Evans v. Comm'r Robert Coupe (Del. Super. Ct. 2016). “8 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Taylor v. Dep't of Servs. for Child., Youth & Their Families (Del. Super. Ct. 2019). “5 10 Del. C. § 8801(4). 6 Id. at § 8801(7).”
DuRoss v. Connections, CSP, Inc. (Del. Super. Ct. 2019). “” 10 Del. C. § 8801(4). A claim is legally frivolous when the claim is “based on an indisputably meritless legal theory.”
Taylor v. DSCYF (Del. 2019). “6 10 Del. C. § 8801(4). 7 10 Del. C. § 8801(7).”
— 10 Del. C. § 8801(5) — 1 case
Saunders v. State (Del. 2014).
— 10 Del. C. § 8801(6) — 1 case
Fatir a/k/a Hobbs v. State (Del. 2015).
— 10 Del. C. § 8801(7) — 10 cases
Walter Earl Allen, II v. Comm'r Robert Coupe (Del. Super. Ct. 2016). “12 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Ward T. Evans v. Comm'r Robert Coupe (Del. Super. Ct. 2016). “8 Before a writ is issued, “the Petitioner must demonstrate that: he [or she] has a clear legal right to the performance of the duty; no other adequate remedy is available; and the [lower body] has arbitrarily failed or refused to perform that duty.”
Evans v. State (Del. 2017). “4 See 10 Del. C. § 8801(7) (“‘Legally frivolous’ shall mean a claim based on an indisputably meritless legal theory.”
Michael-destry Williams Trust v. United States (Del. Ch. 2018). “7 10 Del. C. § 8801(7); McCoy v. Taylor, 1998 WL 842322 , at *2 (Del.”
Michael-destry Williams v. United States (Del. Ch. 2018). “5 10 Del. C. §8801(7); McCoy v. Taylor, 1998 WL 842322 , at *2 (Del.”
— 10 Del. C. § 8801(8) — 4 cases
Taylor v. DSCYF (Del. 2019). “6 10 Del. C. § 8801(4). 7 10 Del. C. § 8801(7).”
Sanders v. Dep't of Just. (Del. Super. Ct. 2020). “Sanders is enjoined from filing future claims without leave of this Court, and any future requests to file claims must be accompanied by an affidavit certifying that: '9 10 Del. C. § 8801(8). 20 See Sanders, 2015 WL 3766447 , at *2 (“[T]he Court finds that this appeal is…”
Fatir v. Bd. of Pardons (Del. Super. Ct. 2020).
Brown v. Delaware State Hous. Auth. (Del. Super. Ct. 2024).
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