Hickox v. Christie, Civ. No. 15-7647 (KM)

• Court: United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
• Writing for the Court: KEVIN McNULTY, United States District Judge
• Citation: 205 F.Supp.3d 579
• Parties: Kaci HICKOX, Plaintiff, v. Christopher James CHRISTIE, et al., Defendants.
• Decision Date: 02 September 2016
• Docket Number: Civ. No. 15-7647 (KM)

205 F.Supp.3d 579

Kaci HICKOX, Plaintiff,
v.
Christopher James CHRISTIE, et al., Defendants.

Civ. No. 15-7647 (KM)

United States District Court, D. New Jersey.

Signed September 2, 2016

205 F.Supp.3d 584

Edward L. Barocas, Jeanne Locicero, American Civil Liberties Union of NJ Foundation, Newark, NJ, for Plaintiff.

Kevin R. Jespersen, State of New Jersey, Newark, NJ, Benjamin Henry Zieman, State of New Jersey, Trenton, NJ, for Defendants.

OPINION

KEVIN McNULTY, United States District Judge

This is a civil rights action brought pursuant to 42 U.S.C. § 1983 (" Section 1983"). The plaintiff, Kaci Hickox, is a nurse who cared for individuals affected by the 2014–16 Ebola epidemic in West Africa, specifically in Sierra Leone. Upon her return to the United States, Ms. Hickox was stopped at Newark Liberty International Airport while her health was monitored. Hickox alleges that this quarantine, which lasted approximately 80 hours, violated her rights under the Fourth and Fourteenth Amendments to the U.S. Constitution. Hickox also alleges that defendants committed the New Jersey common law torts of false imprisonment and false light.

Hickox sues various State officials involved in her quarantine: Chris Christie, the Governor of New Jersey; Mary O'Dowd, then the Commissioner of the New Jersey Department of Health ("DOH"); Christopher Rinn, Assistant Commissioner of the Division of Public Health Infrastructure, Laboratories and Emergency Preparedness of the DOH; and Gary Ludwig, the Service Director of the Communicable Disease Service of the DOH.

It is plain that Ms. Hickox was upset not only by the quarantine itself, but by what she saw as an inefficient, unfriendly, and opaque process. As she sees it, there was a lack of communication regarding the quarantine and what would happen to her. It is also clear that Hickox disagreed with the assessment of her medical condition throughout the quarantine process.

Bad science and irrational fear often amplify the public's reaction to reports of infectious disease. Ebola, although it has inspired great fear, is a virus, not a malevolent magic spell. The State is entitled to some latitude, however, in its prophylactic efforts to contain what is, at present, an incurable and often fatal disease.

Nurse Hickox lent her medical skills to a humanitarian effort to relieve the suffering of people she had never met. Her courage and service perhaps merited a warmer welcome home. The issue here, however, is different: I am called upon to determine whether Hickox has stated a legally cognizable claim for damages under the Constitution or the common law. Now before the Court is the defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons discussed below, I will grant the motion to dismiss the federal claims on grounds of qualified immunity. Public health officials responsible for containing the spread of contagious disease must be free to make judgments,

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even to some degree mistaken ones, without exposing themselves to judgments for money damages. As to the state causes of action, however, I will deny the motions to dismiss.

I. FACTUAL BACKGROUND

For purposes of this motion to dismiss only, I take the allegations of the complaint to be true. See Section II, infra .

Events leading up to Hickox's quarantine

The 2014–16 Ebola outbreak in West Africa resulted in the deaths of more than 11,000 people. See Medicins Sans Frontieres, Ebola, www.msf.org/en/diseases/ebola . The Ebola virus is spread through direct contact with the body fluids of a symptomatic person or with contaminated objects, such as needles. (Id. ¶ 16) Symptoms commonly appear within 8 to 10 days of exposure, although it can take up to 21 days. (Id. ¶ 18)

Ms. Hickox, a trained nurse, has experience working for Medecins Sans Frontieres ("MSF"), also known as "Doctors Without Borders," in places including Uganda, Nigeria, and Sudan. (ECF no. 1 ("Cplt.") ¶ 6) From September 23, 2014, until October 22, 2014, Hickox served as a Medical Team Leader at the Ebola Treatment Unit at Bo, Sierra Leone. (Id. ) There, Hickox cared for patients with Ebola, and also managed and trained other workers. (Id. ¶ 21) During her time in Sierra Leone, Hickox followed MSF protocols, such as the wearing of protective equipment, intended to prevent the spread of Ebola. (Id. ¶ 23)

On October 22, 2014, just as Hickox was leaving Sierra Leone, Governor Christie announced that he had signed Executive Order 164, which created a statewide Ebola Preparedness Plan ("EPP"). (Id. ¶ 27) The EPP provided that as of October 16, 2014, active screening had been implemented for passengers arriving from West African countries. Id. ; see EPP, available at http://nj.gov/governor/news/news/552014/pdf/20141022a.pdf.¹ The screening for such passengers was to include "[t]emperature checks," "[v]isual inspection for symptoms," and an assessment of their "[h]istory of risk exposure." (Id. ¶ 27; EPP at 1) The EPP stated that "[i]f CDC advises DOH of a traveler who is asymptomatic but has some high risk of exposure, DOH will determine whether that traveler will be subject to State quarantine." EPP at 2.

If an asymptomatic individual to be quarantined lives within 100 miles of Newark Airport, he or she will be taken home. (Cplt. ¶ 27; EPP at 2) An individual who lives outside that radius will be placed in a "temporary housing arrangement." (Id. ) Symptomatic travelers are to be immediately transferred to a designated hospital. (Cplt. ¶ 27)

Friday October 24, 2014

Hickox left Sierra Leone on October 22, 2014, and flew to Brussels, where she spent two days before returning to the United States. (Id. ¶ 26) She landed at Newark airport around 12:30 p.m. on Friday, October 24. (Id. ¶ 28) At the airport immigration checkpoint, Hickox told the officer her point of origin was Sierra

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Leone. (Id. ¶ 29) She was then transferred to the CDC Quarantine Station at the airport. (Id. ) At the Quarantine Station, her temperature was taken and found to be 98.6° F, i.e. , normal. (Id. ¶ 31) Hickox was questioned by multiple people, including one from the CDC. Those individuals wore protective clothing when they were in her presence. (Id. ¶¶ 32-35) After about 90 minutes, Hickox was given water and a snack, and was permitted to contact her family. (Id. ¶ 37)

Around 2:30 p.m., approximately two hours after Hickox arrived at Newark airport, she was told that she might be quarantined and should await the decision of the DOH. (Id. ¶ 40) At around 3:00 p.m., defendant Ludwig informed Hickox by cell phone that DOH had decided to quarantine her. (Id. ) Hickox objected. (Id. ¶ 41)

At approximately 4:30 p.m. the same day, New Jersey Governor Christie, along with the Governor of New York, Andrew Cuomo, announced that there would be additional screening for individuals arriving at Newark Airport and John F. Kennedy Airport. (Id. ¶ 42) That additional screening was to include mandatory quarantine for individuals who had had contact with any individual infected with Ebola in Liberia, Sierra Leone or Guinea. (Id. ) Individuals who had traveled to those countries but did not have direct contact with such a person would be actively monitored and quarantined, if necessary, depending on the facts of the case. (Id. ) At the press conference, Governor Christie stated that a healthcare worker (not explicitly identified as Hickox) had been quarantined and that O'Dowd was monitoring her condition. (Id. ¶ 45)

At some point in the late afternoon or early evening, Hickox's temperature was taken with a temporal (forehead) thermometer, which indicated that she had a fever. (Id. ¶ 49) Hickox did not feel feverish and believed that the thermometer reading was inaccurate. (Id. ) Soon after, Hickox was moved into a room by herself with someone stationed outside. (Id. ¶ 50)

Hickox was informed that she needed a medical evaluation because of her fever. (Id. ¶ 51) Around 6:00 p.m., she was transported to University Hospital in Newark and placed in an isolation tent with someone stationed outside. (Id. ¶ 53) The tent had a portable toilet but did not have a shower. (Id. ¶ 54) Hickox was cold and requested more blankets, which she received. (Id. ) The tent did not have a television, but Hickox was allowed to bring in her cell phone, though she found reception to be unreliable. (Id. ¶ 55)

At the hospital, Hickox's temperature was taken several times, both temporally and orally. Initially, the temporal thermometer showed a temperature of 101.1°>, while an oral thermometer read 99.1°. (Id. ¶ 56) Shortly thereafter, Hickox's blood was drawn, and her temperature was taken again. The temporal thermometer read 102°, but again the oral thermometer did not reflect a fever. (Id. ¶ 57) At around 8:30 p.m., Hickox's temperature was again taken with an oral thermometer which read 98.1°. (Id. ¶ 59) At around 9:50 p.m., the temporal thermometer read 100.5°, and the oral thermometer read 98.2°. (Id. ¶ 60) At around 11:30 p.m., Hickox's temperature was taken with a temporal thermometer which read 99.5°. (Id. ¶ 61) A short time later, it...