Davis et al v. Abercrombie et al
| Richard Kapela Davis, Michael Hughes, Damien Kaahu, Robert A. Holbron, James Kane, III and Ellington Keawe |
| Neil Abercrombie, Jodie Maesaka-Hirata and Corrections Corporation of America |
| 1:2011cv00144 |
| March 8, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| BARRY M. KURREN |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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Filing
875
AMENDED ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by JUDGE LESLIE E. KOBAYASHI on 05/22/2017. - - This Court HEREBY GRANTS final approval of the settlement and ORDERS the parties to implement the terms of the settlement. Pursuant to the terms of the settlement, all of the remaining claims in this case are HEREBY DISMISSED WITH PREJUDICE, with all parties to bear their own respective attorneys' fees and costs of suit, except as expressly provided in this Order.There being no remaining claims in this case, the Court DIRECTS the Clerk's Office to close this case immediately. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing
677
ORDER DENYING PLAINTIFFS' SECOND MOTION FOR A PROTECTIVE ORDER PROHIBITING RETALIATION AGAINST PLAINTIFFS AND CLASS MEMBERS AND INTIMIDATION OF WITNESSES re 657 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/24/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
659
ORDER REGARDING THE PARTIES' PROPOSALS FOR THE NOTICE OF PENDENCY OF CLASS ACTION. Signed by JUDGE LESLIE E. KOBAYASHI on 11/14/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electr onic 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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Filing
653
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM re 625 Application for Writ, filed by Michael Hughes, Tyrone K. N. Galdones, Ellington Keawe, James Kane, III, Robert A. Holbr on, Richard Kapela Davis. Signed by JUDGE LESLIE E. KOBAYASHI on 10/31/2014. Plaintiffs' Petition for Writ of Habeas Corpus Ad Testificandum, filed August 18, 2014, is HEREBY GRANTED IN PART AND DENIED IN PART. The Petition is GRANTED insofar as this Court ORDERS Defendants to allow Plaintiffs to appear at trial in plain clothes and without any visible security restrains. The Petition is DENIED in all other respects. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
644
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' AMENDED SECOND MOTION FOR CLASS CERTIFICATION re 560 Amended MOTION to Certify Class SECOND MOTION FOR CLASS CERTIFICATION filed by Damien Kaahu, Michael Hughes, Tyrone K. N. Galdones, Ellington Keawe, James Kane, III, Robert A. Holbron, Richard Kapela Davis, Kalai K. Poaha. Signed by JUDGE LESLIE E. KOBAYASHI on 09/30/2014. -- 1) This Court CERTIFIES a class, seeking prospective decl aratory and injunctive relief, as to Plaintiffs' remaining claims regarding daily, outdoor, group worship and the remaining claims regarding access to sacred items ("the Prospective Relief Class"). The Prospective Relief Class is defi ned as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are and/or will be confined to Saguaro Correctional Center ("Saguaro" ); c) in the general population; and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. The representatives of the Prospective Relief Class shall be Plaintiffs Richard Kapela Davis, Tyrone K.N. Galdones, Michael Hughes, and James Kane, III. The class counsel shall be Sharla Manley, Esq., David Keith Kopper, Esq., Moses Haia, Esq., Shawn Westrick, Esq., and James Kawahito, Esq. 2) This Court CERTIF IES a subclass, seeking prospective declaratory and injunctive relief, with regard to: 1) the same claims described supra as to the Prospective ReliefClass; and 2) the remaining state and federal claims regarding lack of access to communal sacred ite ms in protective custody ("the Prospective Relief Subclass"). The Prospective Relief Subclass is defined as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the sta te of Hawai'i; b) who are and/or will be confined to Saguaro; c) in protective custody; and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. The repres entative of the Prospective Relief Subclass shall be Plaintiff Kane 3) This Court CERTIFIES a class, seeking nominal damages and other retrospective relief, as to Counts I through X, and XXII through XXVI ("the Damages Class"). The Da mages Class is defined as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in the general population; and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. The represent atives of the Damages Class shall be Plaintiffs Davis, Galdones, Hughes, Kane, Damien Kaahu, Robert A. Holbron, Ellington Keawe, and Kalai K. Poaha. 4) This Court CERTIFIES a subclass, seeking nominal damages and other retrospective relief, as t o Counts I, II, III, V, VI, VII, VIII, X, XXII, XXIII, XXIV, and XXVI ("the SHIP Damages Subclass"). The SHIP Damages Subclass is defined as: a) all persons who were convicted of violating crimes under the laws of the State of Hawai 9;i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in the Special Housing Incentive Program (SHIP); and d) who have, according to Saguaro's established procedures, declared that the Native Hawaiian religion is their faith. The representatives of the Protective Custody Damages Subclass shall be Plaintiffs Keawe and Kane. 5) This Court CERTIFIES a subclass, seeking nominal damages and other retrospective relief, as to Counts I through X, and XXII through XXVI ("the Protective Custody Damages Subclass"). The Protective Custody Damages Subclass is defined a s: a) all persons who were convicted of violating crimes under the laws of the State of Hawai'i and were residents of the state of Hawai'i; b) who are or were confined to Saguaro at any time within four years prior to February 7, 2011 until the resolution of this lawsuit; c) in protective custody; and d) who have, according to Saguaros's established procedures, declared that the Native Hawaiian religion is their faith. The representatives of the Protective Custody Damages Subclass shall be Plaintiffs Keawe and Kane. Plaintiffs' Motion is DENIED in all other respects. All other remaining claims shall be prosecuted on behalf of the named Plaintiffs only (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
596
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RE: SOVEREIGN IMMUNITY/DAMAGES re: 519 . Signed by JUDGE LESLIE E. KOBAYASHI on 7/31/2014. Excerpt of Conclusion: "Defendan ts' Motion is GRANTED insofar as this Court rules that: 1) Defendant Sakai is entitled to summary judgment as to any of Plaintiffs' § 1983 claims against him seeking damages or retrospective relief; 2) Plaintiffs' remaining § 1983 claims and RLUIPA [Religious Land Use and Institutionalized Persons Act] claims for damages are limited to compensatory damages and nominal damages; 3) Defendants are entitled to summary judgment as to Plaintiffs' ; claims seeking damages or retrospective relief directly under the Hawai'i State Constitution; and 4) to the extent that any portion of Plaintiff Galdones's state law retaliation claim remains, Defendants are entitled to summary judgment a s to his request for punitive damages. Defendants' Motion is DENIED in all other respects." [Written Order follows hearing held 7/7/2014 on Defendants' M/SJ. Minutes of hearing: doc no. 568 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic 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 will be served by first class mail on August 1, 2014.
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Filing
544
AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFF ROBERT HOLBRON'S COUNTER-MOTION FOR SUMMARY JUDGMENT ON HIS CLAIMS; AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS AS TO THEIR CLAIMS UNDER THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT re 529 . Signed by JUDGE LESLIE E. KOBAYASHI on 06/13/2014. -- Defendants' Motion for Summary Judgment, filed July 31, 2013, is HEREBY GRANTED IN PART AND DENIED IN PART, Plaintiffs' Motion for Partial Summary Judgment Against Defendants as to Their Claims Under the Religious Land U se and Institutionalized Persons Act, filed October 31, 2013, is HEREBY GRANTED IN PART AND DENIED IN PART,and Plaintiff Robert Holbron's Counter-Motion for Summary Judgment on His Claims, filed December 23, 2013, is HEREBY DENIED WITHOUT PREJU DICE. -- The motions are DENIED WITHOUT PREJUDICE as to: 1) any claims seeking damages and any claims seeking retrospective equitable relief; 2) Plaintiff Holbron's claims seeking prospective declaratory and injunctive relief regardin g restricted custody at Saguaro; and 3) Plaintiff Galdones's request for prospective declaratory and injunctive relief as to his state law retaliation claim. --This Court set forth all of its rulings regarding Plaintiffs' Motion supra Discussion section II.F, and this Court set forth all of its rulings regarding Defendants' Motion supra Discussion section III.F. (eps)CERTIFICATE OF SERVICEParticipants re gistered to receive electronic 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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Filing
529
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOC. 497) re 500 ; 497 . Signed by JUDGE LESLIE E. KOBAYASHI on 06/02/2014. -- Defendants' Motion for Partial Reconsideration of Order on Defendants' Motions for Summary Judgment (Doc. 497), filed April 14, 2014, is HEREBY GRANTED IN PART AND DENIED IN PART. This Court will amend its Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment; Granting in Part and Denying in Part Plaintiff Robert Holbron's Counter-Motion for Summary Judgment on His Claims; and Granting in Part and Denying in Part Plaintiffs' Motion for Partial Summary Judgment Against Defendants as to Their Claims under the Religious Land Use and Institutionalized Persons Act, [filed 3/31/14 (dkt. no. 497 ),] to grant summary judgment in favor of Defendants on the claims as to which thi s Court granted reconsideration in the instant order. In addition, this Court DENIES Defendants' alternate request for leave to take an interlocutory appeal from the amended version of the 3/31/14 Order. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
497
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFF ROBERT HOLBRON'S COUNTER-MOTION FOR SUMMARY JUDGMENT ON HIS CLAIMS; AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS AS TO THEIR CLAIMS UNDER THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT re 361 ; 417 ; 452 . Signed by JUDGE LESLIE E. KOBAYASHI on 03/31/2014. -- Defendants; Motion for Summary Judgment, filed July 31, 2013, is HEREBY GRANTED IN PART AND DENIED IN PART, Plaintiffs' Motion for Partial Summary Judgment Against Defendants as to Their Claims Under the Religious Land Use and I nstitutionalized Persons Act, filed October 31, 2013, is HEREBY GRANTED IN PART AND DENIED IN PART, and Plaintiff Robert Holbron's Counter-Motion for Summary Judgment on His Claims, filed December 23, 2013, is HEREBY DENIED WITHOUT PREJUDICE. The motions are DENIED WITHOUT PREJUDICE as to: 1) any claims seeking damages and any claims seeking retrospective equitable relief; 2) any claims seeking prospective declaratory and injunctive relief regarding Red Rock; 3) Plaintiff Poaha 9;s claims seeking prospective declaratory and injunctive relief regarding Saguaro; 4) Plaintiff Holbron's claims seeking prospective declaratory and injunctive relief regarding restricted custody at Saguaro; and 5) Plaintiff Galdones's re quest for prospective declaratory and injunctive relief as to his state law retaliation claim. This Court set forth all of its rulings regarding Plaintiffs' Motion supra Discussion section II.F, and this Court set forth all of its rulin gs regarding Defendants' Motion supra Discussion section III.F. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
390
ORDER GRANTING DEFENDANT NEIL ABERCROMBIE'S MOTION FOR JUDGMENT ON THE PLEADINGS re 322 , 383 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/13/13. "All of Plaintiffs' claims against Defendant Abercrombie in the Se cond Amended Complaint and the Supplemental Complaint are HEREBY DISMISSED WITH PREJUDICE. Further, Count XXI (Plaintiffs' claim alleging violations of Article XII, § 7 of the Hawai`i State Constitution and Haw. Rev. Stat. § 1- 1) in the Second Amended Complaint and incorporated into the Supplemental Complaint is HEREBY DISMISSED WITH PREJUDICE as to all Defendants. In addition, Defendant Abercrombie's request for sanctions is HEREBY DENIED WITHOUT PREJUDICE. This Co urt directs the Clerk's Office to terminate Defendant Abercrombie as a party." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
339
ORDER DENYING PLAINTIFF TYRONE GALDONES'S MOTION FOR CERTIFICATION OF FINALITY re: 301 . Signed by JUDGE LESLIE E. KOBAYASHI on 6/24/2013. (afc)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 will be served by first class mail on June 25, 2013.
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Filing
321
ORDER DENYING PLAINTIFF RICHARD DAVIS'S MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST re: 293 , 286 . Signed by JUDGE LESLIE E. KOBAYASHI on 6/ 6/2013. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
286
ORDER GRANTING IN PART AND DENYING IN PART 220 DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST: "...Defendants' Motion to Dismiss for Failure to Exhaust, filed on December 31, 2012, is HEREBY GRANTED IN PART AND DENIED IN PAR T. The Motion is GRANTED as to: (1) the claims for regular meetings with a spiritual advisor made by Plaintiffs Davis, Hughes, Kaahu, and Poaha; (2) Plaintiff Galdones's retaliation claims and claims for regular meetings with a spiritual advisor ; and (3) Plaintiff Keawe's claims for daily religious congregation and establishment of an outdoor altar. The Motion is DENIED as to: (1) the state law claims; (2) Plaintiff Galdones's claims for congregation with other practitioners on a daily basis, participation in certain Makahiki rituals and ceremonies, access to sacred items, and establishment of an outdoor altar; (3) Plaintiff Keawe's claims for participation in certain Makahiki rituals and ceremonies, regular meetings wit h a spiritual advisor, and access to sacred items; and (3) all of Plaintiff Kane's religious claims. IT IS SO ORDERED." Signed by JUDGE LESLIE E. KOBAYASHI on April 11, 2013. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
182
ORDER DENYING PLAINTIFF RICHARD KAPELA DAVIS'S AND PLAINTIFF JAMES KANE III'S MOTION FOR PRELIMINARY INJUNCTION re: 75 . Signed by JUDGE LESLIE E. KOBAYASHI on 9/30/2012. [Order follows hearing held 9/17/2012. Minut es: 168 ] (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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Filing
28
ORDER DENYING DEFENDANTS' MOTION TO TRANSFER VENUE 7 - Signed by Judge BARRY M. KURREN on 5/27/11. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic 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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