OPINION
HERLIHY, Judge.
Presently before the Court are cross-motions for summary judgment. The issue in these motions is whether or not the State of Delaware [State] waived sovereign immunity in connection with the operation of the Ferris School. Kenneth Masten [Masten] claims there has been a waiver and that the State is liable to him. The State argues that there has been no waiver, consequently there is no liability.
BACKGROUND
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