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LIBERIAN COMMUNITY ASS'N OF CONNECTICUT v. LAMONT

No. 17-1558 August Term 2017.

970 F.3d 174 (2020)

LIBERIAN COMMUNITY ASSOCIATION OF CONNECTICUT, on behalf of themselves and those similarly situated, Louise Mensah-Sieh, on behalf of herself and her minor children B.D. and S.N., on behalf of themselves and those similarly situated, Victor Sieh, on behalf of themselves and those similarly situated, Emmanuel Kamara, on behalf of themselves and those similarly situated, Assunta Nimley-Phillips, on behalf of themselves and those similarly situated, Laura Skrip, on behalf of themselves and those similarly situated, Ryan Boyko, on behalf of themselves and those similarly situated, Esther Yalartai, on behalf of themselves and those similarly situated, Bishop Harmon Yalartai, on behalf of themselves and those similarly situated, Plaintiffs-Appellants, v. Ned LAMONT, Governor, Deidre S. Gifford, Acting Commissioner of Public Health, Jewel Mullen, Former Commissioner of Public Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2020.

Attorney(s) appearing for the Case

For Plaintiffs-Appellants: D'Laney Gielow ( Michael J. Wishnie , Amy Kapczynski , Dana Bolger , Kyle Edwards , Megha Ram , on the briefs), Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT. Jeremy Ershow ( Susan J. Kohlmann , Jeremy M. Creelan , Irene M. Ten Cate , on the briefs), Jenner & Block LLP, New York, NY. ( Robert M. Palumbos , Duane Morris LLP, Philadelphia, PA, for George J. Annas , Jennifer Bard , Leo Beletsky , Micah Berman , Scott Burris , Erwin Chemerinsky , Linda C. Fentiman , Lance Gable , Brandon Garrett , Lawrence O. Gostin , Jonathan Hafetz , Helen Hershkoff , Peter D. Jacobson , Jonathan Kahn , Renee M. Landers , Sylvia A. Law , Jenny S. Martinez , Seema Mohapatra , Burt Neuborne , Wendy Parmet , Aziz Rana , Judith Resnik , Kermit Roosevelt , Charity Scott , and Stephen I. Vladeck , as amici curiae), ( Kim E. Rinehart , Wiggin and Dana, LLP, New Haven, CT, for Yale New Haven Health Services Corporation, Hartford Hospital, The Hospital of Central Connecticut, Backus Hospitals, MidState Medical Center, Windham Hospital, Saint Francis Hospital and Medical Center, Johnson Memorial Hospital, Saint Mary's Hospital, Bristol Hospital, and Western Connecticut Health Network, Inc., as amici curiae), ( Dan Barrett , ACLU Foundation of Connecticut, Hartford, CT, and Esha Bhandari , American Civil Liberties Union Foundation, New York, NY, for American Civil Liberties Union, American Civil Liberties Union of Connecticut, Doctors Without Borders/Medécins Sans Frontières USA as amici curiae), ( Ann O'Leary and Kathleen Hartnett , Boies Schiller Flexner LLP, Palo Alto, CA, and David A. Barrett and Yotam Barkai , Boies Schiller Flexner LLP, New York, NY, for Mark Barnes , Leana Wen , and Jeffrey Duchin as amici curiae).

For Defendants-Appellees: Robert J. Deichert , Assistant Attorney General, for George Jepsen , Attorney General, Hartford, CT.

Judge Chin concurs in part and dissents in part in a separate opinion.

This case arises out of the Ebola epidemic that ravaged West Africa between 2014 and 2016. In response to the epidemic, then-Governor Dannel Malloy declared a public health emergency in the State of Connecticut. The declaration authorized Dr. Jewel Mullen, then-Commissioner of Public Health, to isolate or quarantine...

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