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Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray

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Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray


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A lawsuit seeking to represent all people locked up by Delaware claims that prisoners are routinely left to “marinate” in a high-concentration pepper spray. 

The lawsuit filed May 7 in Delaware Court of Chancery seeks an injunction barring correction officials from using the spray until leaders enforce rules the lawsuit says require staff to decontaminate prisoners after they are targeted.

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In interviews, state prisoners have frequently described officers’ use of so-called OC spray, a more concentrated form of pepper spray only available to law enforcement, as cruel. Prisoners say the spray is deployed unnecessarily, recklessly, frequently and causes intense burning on the skin and through the respiratory system.

“Imagine taking a glass bottle, smashing it up and grinding it up and snorting that up your nose, then times that by 1,000,” said a former prisoner, William Davis, describing being sprayed during a previous interview about a similar use‑of‑force lawsuit involving Sussex Correctional Institution. “I felt it burn for days.” 

Records obtained through a Freedom of Information Act request show OC spray — short for oleoresin capsicum — is used hundreds of times a year and is a frequent issue in Delaware prison lawsuits. The new ACLU lawsuit seeks class-action status on behalf of all Delaware prisoners and focuses on what happens after someone is sprayed.

The lawsuit claims officers routinely ignore training, policy and clear health risks by failing to properly flush and clean people after using OC spray. It argues the practice violates Delaware’s constitutional ban on “cruel” punishment.

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Prisoners allege they were sprayed while handcuffed, naked or already subdued, including one who said officers sprayed him through his cell door while he was locked inside, and another who said he was forced during a strip search to touch his genitals and then his mouth after being sprayed.

In each of these episodes, the lawsuit states that prisoners were not properly decontaminated, some were left unattended, returned to a contaminated cell, left in clothes drenched in spray and some were not allowed to shower for a day or more after.

“Refusing to decontaminate prisoners is cruel because it subjects them to hours of needless suffering. Prolonged exposure is also potentially deadly,” the lawsuit states.

Delaware Department of Correction officials did not respond to requests for comment.

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The allegations of the lawsuit are built partially on declarations from eight named plaintiffs in Delaware prisons. Additionally, it leans on video and deposition evidence from two other excessive force cases the ACLU is litigating on behalf of Delaware prisoners.

In those other cases, several officers have testified in depositions that they had not decontaminated individuals they sprayed and were unaware if others had, the new lawsuit states.

The lawsuit also cites Department of Correction training materials turned over in other lawsuits. Policy and training documents outline that OC spray is only to be used when no reasonable alternative is available, not as retaliation or punishment and in short bursts from a safe distance.

A training presentation describes the health risks of OC spray and says sprayed individuals should be moved to fresh air, assessed for medical conditions and repeatedly flushed and wiped to decontaminate them.

It notes that people who have been sprayed must be monitored. It underscores these instructions with a red skull and crossbones.

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Other litigation: New lawsuit claims excessive force used by Delaware officers during September prison raids

In interviews, prisoners have reported that officers would “empty the can” in long bursts directed closely at their face. The named plaintiffs in the new lawsuit include asthmatic individuals who said they were denied their inhaler after being sprayed.

Besides pain, OC spray can cause difficulty breathing, gagging, heart distress and blindness. It can also induce a feeling of suffocation and helplessness, according to a department training presentation. Failure to decontaminate can cause blindness, respiratory failure and skin conditions, the lawsuit states.

If sprayed too close, the OC molecules can cause what’s known as “hydraulic needling of the eyes” where the spray causes lacerations, the complaint states, noting that multiple prisoners in other states have died after being sprayed.

The lawsuit also claims that officers deploy OC spray in numerous ways, which include a grenade, fogger, spray, muzzle blast rounds, as well as pepper balls fired from a weapon similar to a paintball gun.

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One of the named plaintiffs was shot numerous times by a pepper ball gun, rupturing the globe of his right eye. A separate lawsuit filed on behalf of that prisoner was dismissed because he didn’t address written complaints about the episode through prescribed channels inside the prison.

Rather than seeking damages for federal constitutional violations, the lawsuit asks only for an injunction forcing changes to decontamination practices. And instead of following the typical federal-court path for prisoner-rights cases, it was filed in Delaware’s Court of Chancery — the state’s business court, where cases tend to move more quickly.

It names Department of Correction Commissioner Terra Taylor as its lone defendant, claiming that the department has knowingly failed to follow its own policy regarding the spray’s use.

It also cites a deposition given by Taylor in other litigation in which she states there is no specific process for decontaminating those targeted with OC, that she hasn’t taken any steps to require officers to do so, and that she doesn’t believe there is an obligation to do so.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.

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Delaware students improve test scores, but have yet to reach pre-pandemic proficiency

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Delaware students improve test scores, but have yet to reach pre-pandemic proficiency


Why Should Delaware Care?
Earlier this month, a new report found that Delaware is among the top states for math proficiency recovery rates since the COVID pandemic. Although four school districts were highlighted for their progress, all education officials have noted that more work needs to be done to meet their pre-pandemic proficiency levels. 

Six years after COVID began, Delaware students still have not returned to their pre-pandemic proficiency rates for reading and math, according to new test scores from the state’s youngest learners. 

But many are making progress. 

The results from the 2026 Education Scorecard – a large-scale academic study of federal and state testing data by Harvard and Stanford researchers – placed Delaware fourth out of 38 states in math recovery and in the top half of states in reading between 2022 and 2025. Additionally, a handful of school districts – Appoquinimink, Brandywine, Seaford, and Woodbridge – were reported to be among the top 500 in the country for math gains during those three years. 

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Brandywine and Appoquinimink also were recognized as being among the top reading performers.

Still, no Delaware district has bounced back to match their pre-pandemic math or reading scores. 

The report comes as Delaware schools for years have been dogged by low standardized test scores and high rates of chronic absenteeism. And, despite the modest rebounds, education officials say continued growth is needed to get students back to their pre-pandemic proficiency levels. 

Delaware Education Secretary Cindy Marten.

“Delaware students are still working to recover from the academic disruption of the pandemic, especially in reading,” Delaware Secretary of Education Cindy Marten said in a statement. “That is exactly why Delaware has a strategic plan, why we are focused on early literacy, and why implementation, accountability, and support for districts must remain our priority.”

Stephanie Ingram, president of the state’s educators’ union, pointed toward a need to update Delaware’s public education funding system in order to achieve scores that mirror pre-pandemic proficiency rates. 

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“If we want to reach – and exceed – pre-pandemic levels of student achievement, then it’s time to replace our post-World War II education funding system with a formula that delivers support where it’s needed most, so every child truly has an opportunity to succeed,” she said. 

Focusing on growth, addressing absenteeism

Although Brandywine was one of two school districts that outperformed others in math and reading, Superintendent Lisa Lawson says the district is “absolutely not” where it wants to be in terms of proficiency. 

“I do appreciate that we are growing faster in order to get there, but we have miles to go before we sleep,” Lawson said. 

Brandywine School District Superintendent Lisa Lawson. | PHOTO COURTESY OF THE BRANDYWINE SCHOOL DISTRICT

She said part of the way to match and surpass pre-pandemic levels is to ensure that students are in school every day.

“When you’re missing 20 or more days in the school year, there isn’t even a chance that we’re going to get you to where you need to be on grade level,” Lawson said. 

In 2022, the Brandywine School District had a 29% chronic absenteeism rate, according to the Education Scorecard data. It dropped to just under 16% in 2025.

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The United States Department of Education defines chronic absenteeism as a student missing 10% or more of school in a year. 

While absenteeism is still above pre-pandemic rates, Lawson said the district will continue to work with organizations, such as the Boys and Girls Club, to ensure students are coming to school. 

Breaking down the math

Like the Brandywine School District, Seaford students’ proficiency levels also rose substantially in recent years. 

Seaford Director of Instruction Kirsten Jennette credits the increase in part to the district’s efforts to use “illustrative math,” which helps students better understand concepts rather than just step-by-step math processes. 

In kindergarten, Seaford students use “math vocabulary,” Jennette said.  

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“They’re talking about math, they are deeply manipulating and learning about the concept,” she said. 

Seaford Superintendent Sharon DiGirolamo said the illustrative style helps students better understand the concept of multiplication or addition as they go through higher grade levels. 

“As they get older they start to see that multiplication is just a really fast way of adding,” she said.

The district also saw improvements in its chronic absenteeism rate, which decreased from 29.7% to 8.7% between 2022 and 2025. 

‘The beauty and the danger of a scorecard’

In recent years, Delawareans across the political spectrum have grown increasingly frustrated with the state’s education spending compared to students’ test scores.

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During a legislative budget committee hearing in March, State Sen. Dave Lawson (R-Marydel) noted his appreciation for Marten’s work, but said he has heard proclamations about improving metrics for the last 14 years, and test scores have still declined.

“So if [performance metrics] aren’t accomplished, what are going to be your actions?” he asked Marten during the meeting. “Are you still going to be secretary?” 

For the districts that are not among the top performers, there is a concern that their scores could be weaponized against them if the district goes out for a referendum request. 

The fear of weaponization exists in districts, such as Indian River, which saw mixed results on the Education Scorecard. The district’s math score showed improvement between 2022 and 2025, but reading scores declined. 

A classroom sits empty at Clayton Elementary School in the Indian River School District | SPOTLIGHT DELAWARE PHOTO BY JULIA MEROLA

Blair Catlin Brown, president of the district’s educators’ union, said the reading score decline cannot be attributed to just one reason.

While all districts worked toward pre-pandemic proficiency levels, Catlin Brown said her district was also in deficit spending. Those results create a Catch-22: taxpayers may feel less inclined to support a struggling district, but that would lead to deeper cuts that would only further inflame issues.

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She said Indian River educators knew a future referendum would not pass, and they were left waiting for decisions regarding which staff members and programs would be cut. 

“That just creates a feeling of unease, dissatisfaction, feeling like you’re not being valued, because at the same time we don’t stop working hard,” Catlin Brown said. 

At the same time, the district was working toward incorporating a new curriculum that focused on the science of reading. 

In August 2022, then-Gov. John Carney signed House Bill 304 into law, which prioritized the science of reading and required all public school students in kindergarten through third grade to participate in a screening three times a year to identify potential reading challenges.

Catlin Brown said the district did find a curriculum aligned with the science of reading, but acknowledged that it can take several years before a district sees improvement from a new curriculum. 

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She also said that reports, such as the Education Scorecard, do not show community members how hard teachers are working to get to pre-pandemic levels and higher, or that the district has recently updated and enhanced its curriculum. 

“That’s the beauty and the danger of a scorecard,” she said. 



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How a Delaware County shooting helped police solve a 2018 Cheltenham Township murder

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How a Delaware County shooting helped police solve a 2018 Cheltenham Township murder


A shooting in Delaware County helped police solve a 2018 murder that happened in Cheltenham Township, officials said Wednesday. 

Jihad Henderson, 38, of Philadelphia, was charged with murdering 29-year-old Rithina Torn in a road rage shooting in 2018 in Cheltenham Township, officials from Montgomery and Delaware counties announced. 

Henderson was already in prison when he was charged with murdering Torn on Oct. 15, 2018, at the intersection of Dewey Road and Front Street in Cheltenham Township. 

In 2024, Henderson was arrested in a shooting outside a Target in Springfield Township, Delaware County. He was convicted on several charges by a jury in the shooting, and that incident led to law enforcement charging him with Torn’s murder. 

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When the 2018 shooting happened in Cheltenham Township, one fired cartridge casing (FCC) was recovered from the scene and entered in the National Integrated Ballistic Information Network (NIBIN), officials said. The NIBIN compares ballistic evidence from recovered firearms and shootings across the United States and notifies law enforcement of any potential leads. 

In November 2024, the Montgomery County Detective Bureau was notified that an FCC recovered from the shooting outside Target in Springfield was a potential match for Torn’s murder, officials said. 

An investigation by two Montgomery County ballistics and firearms experts found that the bullets from the 2018 and 2024 shootings were fired by the same Glock .40 caliber handgun owned by Henderson, according to officials.

“This arrest is a testament to the power of inter-agency cooperation and our being able to help our colleagues in Montgomery County get justice for Rithina Torn. That would never have been done without the trust, respect and dialogue between our two offices,” Delaware County District Attorney Tanner Rouse said in a statement. 

Henderson will be sentenced in the Delco shooting on June 29. He’s awaiting arraignment on first-degree and third-degree murder charges in connection with Torn’s murder. A preliminary hearing will be scheduled at a later date.

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Sussex County Land Trust Announces Delaware 250 Celebration at Rocking the Docks – Milford LIVE! – Local Delaware News, Kent and Sussex Counties

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Sussex County Land Trust Announces Delaware 250 Celebration at Rocking the Docks – Milford LIVE! – Local Delaware News, Kent and Sussex Counties


“Stars Over Sussex” will bring live music, fireworks, food vendors, and a drone show to the Lewes waterfront on July 2 for Delaware 250. (Photo courtesy of Sussex County Land Trust.)

The Sussex County Land Trust announced plans for “Stars Over Sussex,” a Delaware 250 celebration scheduled for July 2, 2026, at the Cape May–Lewes Ferry Terminal in Lewes.

The waterfront event, organized in partnership with Rocking the Docks and Delaware 250, will feature live music, fireworks, food vendors, and a drone light show commemorating America’s 250th anniversary.

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Organizers said the event will serve as Sussex County’s signature Delaware 250 celebration ahead of Independence Day festivities.

The evening’s entertainment will include a performance by Fleetwood Macked, a Fleetwood Mac tribute band appearing as part of the Rocking the Docks summer concert series. The event will conclude with a coordinated fireworks and drone show over the Lewes waterfront highlighting patriotic themes, Delaware history, and Sussex County’s coastal heritage.

Ticketed viewing areas will be available at the ferry terminal, though organizers noted the fireworks and drone show will also be visible from several public locations around Lewes, including Lewes Beach, Grain On the Rocks, and nearby waterfront areas.

“This partnership allows us to create something far larger and more impactful than we could independently,” said Sara Bluhm. “By bringing together Rocking the Docks, Delaware 250, community sponsors, and conservation supporters, we’re building a truly unique celebration that reflects the spirit of Sussex County and America’s 250th birthday.”

According to organizers, the drone light show will incorporate synchronized formations and animated imagery tied to patriotic themes, Delaware’s role as The First State, and local coastal culture.

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The Sussex County Land Trust also recognized Dogfish Head as one of the event’s early supporters.

“Dogfish Head continues to step up for Sussex County in meaningful ways,” said Bluhm. “Their partnership and early commitment helped us elevate the vision for this event from the very beginning.”

Additional sponsorship opportunities remain available for businesses and organizations interested in supporting the event, according to organizers.

The Sussex County Land Trust expects the celebration to draw thousands of attendees from Delaware and surrounding states as part of the region’s July Fourth holiday events.

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