Kaahu al v. Randall et al
Jonah K. Kaahu and Donna Liaka Marie Kaahu |
Marc A. Randall, Scott Jones Valdez, Andre Phillip Carreira, Ryan Nishimura, John Patrick Vines, Louis M. Kealoha, Honolulu Police Department, City and County of Honolulu, John Does 1-25, Jane Does 1-25 and DOE Entities 1-25 |
1:2014cv00266 |
June 9, 2014 |
US District Court for the District of Hawaii |
Hawaii Office |
Honolulu |
HELEN GILLMOR |
RICHARD L. PUGLISI |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 206 ORDER DENYING DEFENDANTS MARC A. RANDALL, SCOTT JONES VALDEZ, ANDRE PHILLIP CARREIRA, JOHN PATRICK VINES, AND RYAN NISHIMURA'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 161 ) AND GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 159 ) - Signed by JUDGE HELEN GILLMOR on 1/18/2018. "Defendant Officers' Motion for Summary Judgment (ECF No. 161 ) is DENIED. Defendant City and County of Honolulu's Motion for Summary Judgment (ECF No. 159 ) is GRANTED, IN PART, and DENIED, IN PART. Defendant City and County of Honolulu's Motion is GRANTED, as to: (1) Secti on 1983 Monell liability based on failure to train; (2) state law cause of action for negligent hiring; (3) state law cause of action for negligent training; and, (4) punitive damages against the City and County of Honolul u. Defendant City and County's Motion for Summary Judgment is DENIED, as to: (1) Section 1983 Monell liability based on policy andcustom; (2) Section 1983 Mon ell liability based on failure to supervise; (3) state law cause of action for negligent supervision; and, (4) state law tort claims based on respondeat superior. THE FOLLOWING CAUSES OF ACTION REMAIN : I. Plaintiff Jonah Kaahu against: The Defendant City and County of Honolulu; and, The Defendant Officers Randall, Valdez, Carreira, Nishimura, and Vines: C ause of Action 1: Excessive Force in violation of the Fourth Amendment to the United States Constitution pursuant to 42 U.S.C. § 1983 Cause of Action 2: Unreasonable Pretrial Detention in violation of the Fourth Amendment to the United Sta tes Constitution pursuant to 42 U.S.C. § 1983 Cause of Action 7: Assault and Battery Cause of Action 8: Negligence Cause of Action 12: False Arrest & False Imprisonment Cause of Action 13: Malicious Prosecution II. Plaintiff Donna Kaahu against: The Defendant City and County of Honolulu; and, The Defendant Officers Randall, Valdez, Carreira, Nishimura, and Vines: Cause of Action 3: Lo ss of Companionship due to Violations of the Due Process Clause of the Fourteenth Amendment to the United States Constitution Pursuant to 42 U.S.C. § 1983 Cause of Action 11: Loss of Consortium III. Plaintiffs Jonah Kaahu and Donna Kaahu against: The Defendant City and County of Honolulu: Cause of Action 4: Monell Liability Based on Policy or Custom for United States Constitutional Violations pursuant to 42 U. S.C. § 1983 Cause of Action 5: Monell Liability Based on Failure to Supervise for United States Constitutional Violations pursuant to 42 U.S.C. § 1983 Cause of Action 6: Negligent Supervision IV . Plaintiffs Jonah Kaahu and Donna Kaahu against: The Defendant City and County of Honolulu; and, The Defendant Officers Randall, Valdez, Carreira, Nishimura, and Vines: Cause of Action 9: Negligent In fliction of Emotional Distress Cause of Action 10: Intentional Infliction of Emotional Distress" (emt, )CERTIFICATE OF SERVICEParticipants registered to receive el ectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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