Kaahanui Jr. v. Honolulu Police Department
Plaintiff: Curtis N. Kaahanui Jr.
Defendant: Honolulu Police Department
Case Number: 1:2023cv00322
Filed: August 3, 2023
Court: US District Court for the District of Hawaii
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: WES REBER PORTER
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1391 Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2023 Filing 7 CLERK'S JUDGMENT entered on 9/13/2023 in favor of Defendant Honolulu Police Department, pursuant to ECF 6, Entering Order. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 9/14/2023. (jni)
September 13, 2023 Filing 6 EO: On August 10, 2023, this court dismissed the Complaint filed by Plaintiff Curtis N. Kaahanui, Jr. See ECF No. #5 . The court gave Kaahanui leave to file an Amended Complaint no later than August 28, 2023, warning him that failure to do so "will cause this action to be dismissed." Id. Kaahanui has failed to timely file an Amended Complaint. The court therefore dismisses this action and directs the Clerk of Court to enter Judgment in favor of Defendant Honolulu Police Department and to close this case. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
August 10, 2023 Opinion or Order Filing 5 ORDER DISMISSING COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED IN FORMA PAUPERIS - Signed by JUDGE SUSAN OKI MOLLWAY on 8/10/2023. The Complaint is dismissed, and the IFP Application is denied as moot. The court grants Plaintiff leave to file a "First Amended Complaint" that states a viable claim or claims no later than August 28, 2023. Plaintiff may submit another IFP Application at that time. Failure to file an Amended Complaint by August 28, 2023, as well as to pay the applicable filing fee or to submit a new IFP Application, will result in the automatic dismissal of this action. The court provides some guidance to Kaahanui in case he decides to file a First Amended Complaint. First, he should include as the title of his new document "First Amended Complaint." If Kaahanui chooses to use a court form, he may write the words "First Amended" before the word "Complaint." Kaahanui may not incorporate anything by reference (including his original Complaint) in the First Amended Complaint. Instead, the First Amended Complaint must allege the factual details underlying the claims asserted in it. Kaahanui may use a court form from this court's website, available at https://www.hid.uscourts.gov/court-forms/civil (last visited August 8, 2023). However, in some circumstances, others forms may be more applicable. The Clerk of Court is directed to provide to Kaahanui copies of Form Pro Se 1 (Complaint in a Civil Case) and AO 240 (Application to Proceed Without Prepayment of Fees & Affidavit). Second, if Kaahanui files an amended complaint and includes 1983 claims, he should name a proper defendant. He should at least consider whether his claims can overcome qualified immunity. If he names the City and County of Honolulu, he should state in simple terms how it is directly liable for the events that transpired. Third, in any future filings, Kaahanui should detail the relief he seeks, including the amounts of any actual damages claimed and the bases for these amounts. In his original complaint, Kaahanui says there is $30,000,000 at issue in this case, ECF No. 1., but he fails to explain or justify that number other than to refer to the emotional distress he says HPD's conduct caused. Id. Fourth, Kaahanui should consider whether he has a basis for styling this case as a class action. Checking the class action designation on the Civil Cover Sheet, ECF No. 2 (Section VII), does not on its own support class action treatment. The Civil Cover Sheet is simply an administrative aid and not actually part of the Complaint. See Favors v. Coughlin, 877 F.2d 219, 220 (2d Cir. 1989). If Kaahanui intends for this case to be a class action, he will have to satisfy the requirements mandated by the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 23. He should also be aware that courts typically prohibit pro se litigants from bringing class actions. See, e.g., Oxendine v. Williams, 509 F. 2d 1405, 1407 (4th Cir. 1975); cf. Simon v. Hartford Life, Inc., 546 F. 3d 661, 664 (9th Cir. 2008) ("courts have routinely adhered to the general rule prohibiting pro se plaintiffs from pursuing claims on behalf of others in a representative capacity"). To summarize, Kaahanui may file a First Amended Complaint stating one or more viable claims no later than August 28, 2023. He may also submit another IFP Application by that deadline or choose to pay the applicable filing fee. Failure to meet the deadline of August 28, 2023, will cause this action to be dismissed.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the address of record listed on the (NEF) on 8/11/2023. Additionally, Forms Pro Se 1 (Complaint in a Civil Case) and AO 240 (Application to Proceed Without Prepayment of Fees & Affidavit) shall be included in the mailing to Plaintiff. (jni) Modified on 8/14/2023 (jni)
August 3, 2023 Opinion or Order Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/2/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/3/2023. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served at the Clerk's Office service counter. (jni)
August 3, 2023 Filing 3 APPLICATION to Proceed in District Court without Prepaying Fees or Costs - by Plaintiff Curtis N. Kaahanui Jr. (jni)
August 3, 2023 Filing 2 CIVIL Cover Sheet - by Curtis N. Kaahanui Jr. (jni)
August 3, 2023 Filing 1 COMPLAINT for a Civil Case; Jury Trial Requested against Honolulu Police Department - filed by Curtis N. Kaahanui Jr.(jni)

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Plaintiff: Curtis N. Kaahanui Jr.
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