9th U.S. Circuit Court of Appeals
May 11, 2023
Does immunity cover prisons officials’ COVID decisions?
The 9th U.S. Circuit Court of Appeals is considering officials’ decision to transfer COVID-infected prisoners from the California Institution for Men into San Quentin in May 2020. A subsequent outbreak killed at least 28 prisoners and sickened more than 2,000.
Corrections officials should not be allowed to shield themselves from lawsuits over the COVID-19 outbreak at San Quentin State Prison, attorneys for inmates told the 9th U.S. Circuit Court of Appeals on Wednesday.
“Any state official who can be found to have killed someone should have a steep hill to climb before they get qualified immunity,” said Michael J. Haddad with Haddad & Sherwin LLP in Oakland. “This was not a close or insignif...
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