Court Reviews Fire Department Officials’ Liability in Sexual Assault Case Involving Minor Volunteer

The Delaware Superior Court court is evaluating whether fire department officials can be held liable for their alleged inaction in a case involving the sexual assault of a minor volunteer firefighter. The lawsuit claims that Deputy Fire Chief Dwayne Pearson of the Belvedere Volunteer Fire Company engaged in an unlawful sexual relationship with the minor, with the knowledge of his superiors. While Pearson is not protected by governmental immunity, the court must determine whether the fire chief and other officials demonstrated “wanton negligence” by failing to intervene, a crucial threshold under Delaware law for overcoming immunity defenses.

The plaintiff, a 15-year-old minor girl, volunteered with the Mill Creek Fire Company in 2022. During a joint training exercise between the Mill Creek Fire Company and the Belvedere Volunteer Fire Company, the Deputy Fire Chief for Belvedere Dwayne Pearson, began “flirting” with the plaintiff. The Belvedere Fire Chief, Robert Johnson, observed Pearson’s behavior. 

The amended complaint stated that Pearson used one of the defendant’s vehicles to pick up the plaintiff and committed sex crimes on two separate days in August 2022. According to the amended complaint, the defendants were fully aware of the ongoing sexual relationship. 

Delaware Code 10 § 4011(a) grants governmental entities immunity, in the broadest terms possible: “All governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages.” An employee can be held personally responsible for property damage, bodily injury, or death if the government is immune under this section. However, this liability applies only when the employee’s actions were outside the scope of their employment or were carried out with extreme negligence or deliberate harmful intent. 

“Wanton negligence,” as described in the Delaware Code, is defined as a state of mind where a person, though not intending to cause harm, acts with a conscious and deliberate disregard for the safety of others or a reckless indifference to potential harm. Plaintiffs must plead wanton negligence in order to challenge the defendant’s immunity under the Tort Claims Act. 

The Delaware Superior Court held that Pearson was clearly not immune; however, it determined that more discovery was needed to determine whether Chief Johnson’s and the remaining Board members’ knowledge of Pearson’s prior sexual assault was enough to meet the “wanton negligence” standard. 

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