This section contains the nature of the case and procedural background.

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.

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