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Constitutional Law,
Civil Rights

May 21, 2024

State Supreme Court got it right when it refused to grant qualified immunity in COVID-19 prison deaths

The Supreme Court's decision means that the State of California cannot rely on qualified immunity to avoid liability for conscious conduct that puts the lives of those incarcerated at risk, particularly in the context of a contagious disease.

Denisse O. Gastélum

Founder and Principal Trial Attorney, Gastélum Law, APC

B.A. from UCLA and J.D. from Loyola Law School


On May 13, the California Supreme Court denied the State of California’s petition for certiorari when it refused to take on appeal the Michael Hampton, et al. v. State of California, et al. 21-cv-03058-LB (N.D. Cal. Mar. 20, 2022), cert. denied. In so doing, the Supreme Court agreed with the district court’s order denying the State’s motion to dismiss on the basis of qualified immunity in an action brought again...

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