Winter v. Department of Justice and Department of Correction

Summary

The Delaware Supreme Court affirmed the dismissal of Hermione K.I. Winter's petition for a writ of mandamus seeking transfer from a male correctional facility or immediate release. The Court held that inmate housing and transfer decisions are discretionary Department of Correction matters not subject to mandamus, and declined to consider claims raised for the first time on appeal.

Holdings

1. The Court would not address claims that Winter did not raise in the proceedings below.
2. Mandamus was unavailable because decisions concerning the housing and transfer of inmates fall within the Department of Correction's discretion, and mandamus cannot compel a discretionary act.

Questions Presented

1. Whether Winter could obtain a writ of mandamus compelling the Department of Correction to transfer her to a female prison.
2. Whether claims concerning religious rights and gender reassignment surgery that were not raised in the Superior Court could be considered for the first time on appeal.

Disposition

affirmed