Welch v. Rowley, et al. — 9th Cir. (Oct 29, 2026)
The Ninth Circuit hears Welch v. Rowley, a prisoner’s lawsuit over exposure to COVID-19. Welch alleges that officers repeatedly refused to wear masks while working around prisoners, despite a prison masking policy and his requests. He says he was housed near inmates with COVID and was especially vulnerable because of pre-existing health conditions. The district judge allowed his Eighth Amendment claim to proceed, rejecting the officers’ request for dismissal. The officers now appeal, arguing that earlier decisions did not clearly establish that their particular conduct violated the Constitution. They invoke qualified immunity, which can protect government officials from civil-damages suits when the unlawfulness of their conduct was not clearly established. Their advocate will speak first.
Welch v. Rowley, et al. (No. 25-4606) — U.S. Court of Appeals for the Ninth Circuit, argued October 29, 2026.
- 0:00Introduction
- 11:33Welch’s advocate; screening and law of the case