Ebola Quarantine Lawsuit Filed Against Gov. MalloyPosted: February 9, 2016
On Monday the Yale Legal Services organization filed a lawsuit in federal court charging Governor Dannel P. Malloy and Connecticut’s former public health commissioner with violating the civil rights of several individuals who were subjected to quarantine during the recent Ebola virus scare. I’ve only had an opportunity to scan the complaint, but it alleges several specific claims:
- violation of substantive due process under the Fourteenth Amendment (abridging the plaintiffs’ right to freedom of association and of travel)
- violation of procedural due process under the Fourteenth Amendment (specifically, failing to (i) make an individualized assessment about their risk to the public health; (ii) provide timely notice of quarantine; (iii) provide timely notice to Plaintiffs of their right to challenge Orders for quarantine; and (iv) initiate a hearing within forty-eight hours for judicial review of Plaintiffs’ quarantine where Plaintiffs could be represented by counsel, could present opposing evidence and argument, and could cross examine witnesses.)
- violation of the Fourth Amendment prohibition against unreasonable seizures
The complaint also alleges several common law claims (negligent and intentional infliction of emotional distress) and a violation of the Americans with Disability Act.
I’ll have more on this interesting lawsuit after reviewing it in closer detail.