19 results for 'cat:"Immunity" AND cat:"Covid-19"'.
J. Hernandez dismisses the patient access specialist's First Amendment claim alleging that the university wrongfully placed her on unpaid leave and eventually fired her after rejecting her religious exemption request to receiving the Covid-19 vaccine. The patient access specialist does not prove that the university employees were barred from trying to distinguish between religious and secular objections to a vaccine or from denying exemptions to a state-mandated vaccine mandate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1562, NOS: Employment - Civil Rights, Categories: Employment, immunity, covid-19
J. Melloy finds a lower court properly dismissed a civilian's civil rights claims against the government. The civilian argued that police officers wrongfully removed him from a motel room without establishing eviction measures, even though his stay at the establishment was part of a program for elderly and vulnerable adults during Covid-19. However, government attorney's sufficiently showed in court that the police officers are entitled to qualified immunity for removing him from the premises based on his status as a hotel guest and not a protected tenant. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 21, 2024, Case #: 23-1835, Categories: Civil Rights, immunity, covid-19
J. Wood finds that the trial court properly ruled in battery claims brought against the school board after a minor was administered a Covid-19 vaccine without parental authorization because the school board is entitled to immunity under the Public Readiness and Emergency Preparedness Act. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: March 5, 2024, Case #: COA23-487, Categories: immunity, Negligence, covid-19
J. Ransom quashes this court's preliminary writ of mandamus in a wrongful death suit against a rehab center. The patient's family contract with the rehab center for a private room, but placed the patient with a roommate in November 2020, causing her to contract Covid-19 and die. There is no merit to the center's claim that the suit is barred by the Public Readiness and Emergency Preparedness Act, as the complaint never mentions the center's Covid-19 testing procedures as contributing to the patient's death.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: March 5, 2024, Case #: SC100099, Categories: immunity, Wrongful Death, covid-19
J. Wilson finds that the trial court properly ruled in favor of the city-parish government on a court bailiff's slip and fall suit over injuries allegedly resulting from spilled hand sanitizer. The government was entitled to immunity since the installation of the sanitizer dispensers was in response to the public health emergency caused by Covid-19. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: February 14, 2024, Case #: CA-23-347, Categories: Tort, immunity, covid-19
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J. Sellers grants a hospital immunity under the Alabama COVID-19 Immunity Act against negligence claims filed by a patient who fell leaving a designated exit for patients receiving monoclonal antibody therapy for COVID-19. The hospital is entitled to immunity based on the language of the statute. Vacated.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: January 26, 2024, Case #: SC-2023-0395, Categories: immunity, Negligence, covid-19
Per curiam, the circuit finds that the district court properly dismissed public school teachers' challenge to Connecticut's executive order requiring teachers to get vaccinated or undergo weekly Covid-19 testing. Gov. Edward Lamont was entitled to qualified immunity because the vaccine mandate that had been imposed in the face of a public health emergency did not violate a clearly established right held by the teachers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 23-656, Categories: Employment, immunity, covid-19
J. Ceresia finds that the lower court improperly dismissed claims in which a nursing home seeks immunity against negligence claims stemming from the death of a resident who contracted Covid-19 early in the pandemic. The nursing home was not rendered liable for past acts by the repeal of state emergency measures granting immunity to health care professionals providing treatment to Covid patients because retroactivity was not presumed or expressed in the legislation. Meanwhile, the decedent's records indicate she was closely monitored and that care had been provided on a good faith basis. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 30, 2023, Case #: 535767, Categories: Tort, immunity, covid-19
J. Flanagan grants Florida’s Division of Emergency Management’s motion to stay proceedings until the settlement of its underlying appeal of a denial of its sovereign immunity in a contract dispute involving the purchase of Covid-19 tests. A staffing firm argues that the division breached the parties’ contract and that its appeal is frivolous. However, this is incorrect because the firm cannot apply the same argument regarding the underlying merits of the division’s original defense to a sovereign immunity appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 5:23cv69, NOS: Other Contract - Contract, Categories: immunity, covid-19, Contract
J. Wood finds the governor and other political entities are not entitled to sovereign immunity on due process and constitutional claims brought by bar owners for forced closures during the Covid-19 pandemic. The owners were not required to seek injunctive relief in their initial filings and could request damages without violating the previously upheld mandate to seek the least intrusive remedy available. Meanwhile, the complaint clearly implicates the bar owners' right to earn a living under the North Carlina Constitution and so the lower court properly denied the governor's motion to dismiss. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: September 5, 2023, Case #: COA22-571, Categories: Government, immunity, covid-19
J. Chaney finds that the trial court properly dismissed a professor's suit seeking reimbursement from a state university for home office equipment he had to buy to teach remotely during the Covid-19 pandemic. The school is a department of the state that is exempt from Labor Code provisions that infringe on its sovereignty under the Education Code to set rules for expense reimbursement. Affirmed.
Court: California Courts Of Appeal, Judge: Chaney, Filed On: August 29, 2023, Case #: B320588, Categories: Employment, immunity, covid-19
J. Pedersen finds that the lower court properly granted the state defendants' pleas to the jurisdiction and dismissed the appellant's claims alleging that he was harmed when they ended the state's participation in a federal relief program related to the Covid-19 pandemic. The appellant failed to establish a waiver of immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 29, 2023, Case #: 05-22-00502-CV, Categories: Employment, immunity, covid-19
J. Moore finds the lower court properly granted qualified immunity to Kentucky Governor Andy Beshear's on several religious parties' constitutional challenge to an executive order that banned in-person learning due to Covid-19 in the winter of 2020. There was no clearly established precedent at the time he issued an executive order to suspend in-school instruction that would have led him to believe such an order violated religious organizations' Free Exercise rights. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 14, 2023, Case #: 21-6028, Categories: Constitution, immunity, covid-19
J. Baker finds that the trial court properly ruled against an organization challenging the Austin Independent School District's face-covering mandate and quarantine policy that was implemented during the Covid-19 pandemic. The policy implemented by the school district is not a statute, ordinance or contract; therefore, the district's governmental immunity is not waived by the organization's challenge. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 10, 2023, Case #: 03-21-00681-CV, Categories: Government, immunity, covid-19
J. D'Auria finds the lower court properly denied the nursing home's motion for summary judgment on the estate's wrongful death claims. Although executive orders issued during the Covid-19 pandemic extend immunity to medical providers for good faith treatment efforts, that immunity does not reach the treatment at issue in this case, which was detached entirely from the Covid-19 virus. While the nursing home provided evidence of staffing shortages and other shortcomings that might apply under the "lack of resources" subsection of the executive orders, it failed to show how any of the difficulties directly affected treatment of the decedent after her fall and subsequent transfer to a hospital. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: August 8, 2023, Case #: SC20767, Categories: immunity, Wrongful Death, covid-19
[Consolidated.] J. Ecker finds that the lower court properly granted the hospital and doctors' motion for summary judgment on state law medical malpractice and wrongful death claims brought by the estate of the woman who died of cardiac arrest during the Covid-19 pandemic because the providers were entitled to immunity under the executive orders issued during the pandemic. Although the patient had a history of heart problems and some symptoms of a heart attack when she was admitted for treatment, the information known about Covid-19 at the time gave the providers a good faith belief she was suffering from a Covid-related ailment and not any heart issue, which rendered them immune under the executive orders. However, because the type of immunity afforded under the Public Readiness and Emergency Preparedness Act is much narrower and does not cover the actions taken by the doctors after the decedent's negative Covid-19 test, those claims will be reinstated. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: August 8, 2023, Case #: SC20763, Categories: immunity, Wrongful Death, covid-19
J. Friedland finds that the district court properly denied Department of Corrections officials' motion to dismiss a complaint on the basis of qualified immunity by the family of San Quentin Prison guard Gilbert Polanco, who died from complications caused by Covid-19. In the early days of the Covid-19 pandemic, officials moved inmates from a prison that was having a Covid-19 outbreak into San Quentin, which had no Covid-19 cases, without proper screening, causing San Quentin to go from zero cases to five hundred cases in 3 weeks. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: August 7, 2023, Case #: 22-15496, Categories: immunity, covid-19
J. Clifton finds that the district court properly dismissed Religious Freedom and Restoration Act (RFRA) claims challenging Executive Orders 14,042 and 14,043 which mandated Covid-19 vaccination with medical and religious exemptions. The RFRA claims were correctly dismissed for lack of jurisdiction and on sovereign immunity grounds. However, the matter is remanded to the district court with instructions to vacate the portion of the orders addressing all non-RFRA claims. Affirmed in part.
Court: 9th Circuit, Judge: Clifton , Filed On: June 13, 2023, Case #: 22-35474, Categories: immunity, Jurisdiction, covid-19