No. 24-383

For Our Rights, Inc., et al. v. David Y. Ige

Lower Court: Ninth Circuit
Docketed: 2024-10-04
Status: Denied
Type: Paid
Response Waived
Tags: 42-U.S.C.-§-1983 constitutional-rights due-process emergency-powers qualified-immunity state-law-restrictions
Key Terms:
SocialSecurity DueProcess CriminalProcedure
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Does a state governor enjoy qualified immunity when imposing COVID-19 lockdowns and quarantines that allegedly violate citizens' clearly established constitutional rights to liberty, travel, and due process?

Question Presented (OCR Extract)

QUESTION PRESENTED In 2020, it was clearly established that Americans had constitutional rights to liberty, to work, and to travel, among others. Moreover, it was clearly established that whenever state officials sought to curtail these or other rights, they could only do so if they had probable cause and provided due process. Yet, during the COVID-19 crisis, these rights were violated when David Ige, then Governor of Hawai'i, subjected citizens to lockdowns and quarantines without according them any due process. QUESTION: Does a state governor, who imposes emergency ‘“lockdowns” on all citizens and quarantines based on travel status under color of state law, enjoy qualified immunity when sued in his personal capacity under 42 U.S.C. § 1983 by those whose clearly established rights to procedural due process and against unreasonable seizure are violated by those restrictions?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-16
DISTRIBUTED for Conference of 11/1/2024.
2024-10-08
Waiver of David Ige of right to respond submitted.
2024-10-08
Waiver of right of respondent David Ige to respond filed.
2024-09-18

Attorneys

David Ige
Sianha Michael GualanoDept. of the Attorney General, State of Hawaii, Respondent
For Our Rights, Inc. , et al.
Lowell H. Becraft Jr.Lowell H. Becraft, Jr. , Petitioner