Ryder v. Booth; et al.
| Debra A. Ryder, Buddy K. Ryder and Wailau Ryder |
| Martin Frank Booth, County of Hawaii, Doe Police Officers, Doe Individuals 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Governmental Entities 1-10 and Doe Entities 1-10 |
| 1:2016cv00065 |
| February 16, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| KEVIN S.C. CHANG |
| HELEN GILLMOR |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
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ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANT COUNTY OF HAWAII'S MOTION TO DISMISS, WITH LEAVE TO AMEND (ECF NO. 7) re 7 - Signed by JUDGE HELEN GILLMOR on 5/11/2016. "The Defendant County of Hawaii 's Motion to Dismiss (ECF No. 7 ) is GRANTED IN PART AND DENIED IN PART, WITH LEAVE TO AMEND, as follows: I. The following causes of action against the Defendant County of Hawaii are DISMISSED WITH PREJUDICE: (1) Plaintiff s' claim pursuant to the Hawaii Constitution. (2) Within Count III: The Individual Plaintiffs' claim that the County's negligence caused Ryder to be attacked and murdered. (3) Within Count IV: The Individual Plaintiffs' ; claim that the County's negligence caused Ryder's pain and suffering. (4) Within Count VI: The Individual Plaintiffs' negligent supervision claim. (5) Within Count VI: The Individual Plaintiffs' negligent hiring clai m. (6) Within Count VI: The Individual Plaintiffs' negligent retention claim. (7) Within Count VI: The Individual Plaintiffs' negligent training claim. (8) Within Count VII: Plaintiffs' request for punitive damages against the Defendant County. II. The following causes of action against the Defendant County of Hawaii are DISMISSED WITH LEAVE TO AMEND: (1) Buddy K. Ryder and Wailau Ryder's Section 1983 claim. (2) Within Count II: Buddy K. Ryder and Wailau Ryder's request for damages pursuant to the Hawaii Wrongful Death Statute, Haw. Rev. Stat. § 6633. (3) Within Count VI: The Estate of Ryder's negligent hiring claim. (4) Within Count VI: The Estat e's negligent retention claim. Plaintiffs shall have until June 15, 2016 to file an Amended Complaint to reassert these causes of action. If Plaintiffs fail to do so, they are dismissed with prejudice without further action from the Court. III. The following causes of action against the Defendant County of Hawaii SURVIVE: (1) Debra A. Ryder's Section 1983 claim, as legal representative of the Estate of Ryder. (2) Within Count I: The Estate's negl igence claim for the death of Ryder. (3) Within Count II: Debra A. Ryder's request for damages pursuant to the Hawaii Wrongful Death Statute. (4) Within Count II: The Individual Plaintiffs' negligent infliction of emotional dist ress claim. (5) Within Count III: The Estate's claim that the County's negligence caused Ryder to be attacked and murdered. (6) Within Count IV: The Estate's claim that the County's negligence caused Ryder's pain and suffering. (7) Within Count VI: The Estate's negligent supervision claim. (8) Within Count VI: The Estate's negligent training claim. (9) Within Count VII: Plaintiffs' negligent infliction of emotional distress cl aim. (10) Within Count VII: Plaintiffs' intentional infliction of emotional distress claim." (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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