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Wednesday, April 23, 2025

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No liability in river deaths

WILMINGTON, Del. — The Delaware Department of Natural Resources and Environmental Control and its employees are not liable for the tragic drowning deaths of two young men in the Murderkill River, a federal judge ruled. The men’s mother argued that the department’s dredging and jetty construction operation caused a change in the tidal flow, resulting in dangerous conditions for recreational swimmers. Although the “state-created danger doctrine” allows recovery against state officials, there must be evidence that they “acted with a degree of culpability that shocks the conscience,” which was not present in this case.

Read the ruling here .

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