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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15756 · judgment June 20, 2024


Certiorari denied · November 4, 2024
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a business petitioner, and counsel who has filed here before.

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?

Counsel of record

For petitioner
Lowell H. Becraft Jr.
Lowell H. Becraft, Jr.

For respondent
Sianha Michael Gualano
Dept. of the Attorney General, State of Hawaii

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 4, 2024 · Certiorari denied

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 16 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Oct 08 2024
    Waiver of right of respondent David Ige to respond filed.
  4. Sep 18 2024
    Petition for a writ of certiorari filed. (Response due November 4, 2024)