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

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?