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October 23. 2020. |
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High Court of American Samoa |
Freedom of religion; freedom of assembly |
The High Court of American Samoa dismissed a claim against the public health restrictions of freedom of religion and freedom of assembly ordered by the Governor of American Samoa. |
The Governor of American Samoa ordered several public health restrictions to combat the Covid-19 pandemic, amongst others, religious ceremonies and other gatherings were limited to 10 persons. The applicant alleged the severe violation of his religious freedom and his right to assembly, therefore, he claimed punitive damages from the Government. The High Court dismissed the claim and argued, that the alleged violation of fundamental rights were relied just on general terms, without the demonstration of concrete harm caused. Moreover, the Government is free from punitive damages based on the theory of sovereign immunity, unless death is caused by any governmental measure. Therefore, all prongs of the claim were dismissed. |
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https://www.samoanews.com/local-news/one-two-lawsuits-over-covid-19-emergency-declarations-dismissed |