John Doe v. State of Hawaii Dept. of Educ.

• Decision Date: 23 February 2004
• Docket Number: Civ. No. 00-00044 ACK/KSC.
• Citation: 351 F.Supp.2d 998
• Parties: John DOE, a Minor (born 01/28/90) By his Next Friend, Jane Doe, and Jane DOE, Individually, Plaintiffs, v. STATE OF HAWAII DEPARTMENT OF EDUCATION; Sonia Zane; David Keala; Herman Aizawa; Ralph Murakami; Maude Yamakawa; Department of Education of the State of Hawaii by and Through its Agent and/or Instrumentality A-Plus Program DBA A-Plus Program at Pukalani Elementary School, Defendants.
• Court: U.S. District Court — District of Hawaii

351 F.Supp.2d 998

John DOE, a Minor (born 01/28/90) By his Next Friend, Jane Doe, and Jane DOE, Individually, Plaintiffs, v. STATE OF HAWAII DEPARTMENT OF EDUCATION; Sonia Zane; David Keala; Herman Aizawa; Ralph Murakami; Maude Yamakawa; Department of Education of the State of Hawaii by and Through its Agent and/or Instrumentality A-Plus Program DBA A-Plus Program at Pukalani Elementary School, Defendants.

Civ. No. 00-00044 ACK/KSC.

United States District Court, D. Hawai'i.

February 23, 2004.

COPYRIGHT MATERIAL OMITTED

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Shelby Anne Floyd, Corianne W. Lau, Alston, Hunt Floyd & Ing, Stanley E. Levin, Davis Levin Livingston Grande, Edie A. Feldman, Law Office of Edie A. Feldman, Honolulu, HI, for Plaintiffs.

Cindy S. Inouye, Laurence K. Lau, Office of the Attorney General, Heidi M. Rian, Elizabeth A. Schaller, John Cregor, Jr., Gary Hynds, Kathleen N.A. Watanabe, Honolulu, HI, for Defendants.

ORDER DISMISSING PLAINTIFFS' COUNTER-MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART STATE DEFENDANTS' MOTION TO STRIKE; GRANTING IN PART AND DENYING IN PART STATE DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS AND SUMMARY JUDGMENT; AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

KAY, District Judge.

BACKGROUND

This lawsuit for damages arises from two separate disciplinary acts individually administered by Defendant Sonia Zane ("Defendant Zane")¹ on February 4, 1998 and Defendant David Keala ("Defendant Keala") on February 19, 1998, against Plaintiff John Doe ("John"),² a second grade student at Pukalani Elementary School who also attended the A-Plus after school program at the school. Defendant Zane was an A-Plus worker and an employee of Defendant State of Hawaii Department of Education ("Defendant Hawaii DOE"). Defendant Keala³ was vice-principal at the school.

Throughout the time of both incidents, Defendant Yamakawa was Acting Principal at the school, Defendant Murakami was Maui District Superintendent for the Hawaii DOE, and Defendant Aizawa was the Hawaii DOE Superintendent. Defendant Hawaii DOE is an agency of the State of Hawaii. Defendant A-Plus is a program of the Hawaii DOE, but is not a separate entity or agency.

I. Factual Background⁴

While participating in the A-Plus after school program at Pukalani Elementary School on February 4, 1998, Plaintiff John was "acting up."⁵ Plaintiffs assert that as a result of his behavior, Defendant Zane "smacked" John on the back of the head and then dragged him by his shirt across the school yard to the principals office.⁶

A couple of weeks later, on February 19, 1998, John and two other boys reported to Defendant Keala during lunch hour to be disciplined for fighting. Two other students were on detention for having misbehaved. As punishment, the five students stood face forward with their noses touching an outside wall at the back of the cafeteria while wearing signs that read "On Detention." After standing for approximately two minutes, two students were dismissed on grounds of good behavior. The three remaining students, whom Defendant Keala believed were "horsing around," were separated along the wall. Soon thereafter, another student was released for good behavior. At this point, only John and another boy remained. According to Defendant Keala, who periodically checked on the boys while monitoring the students in the cafeteria, the boys continued to "horse around." Defendant Keala warned the boys at least twice while they stood face-forward against the wall that he would tape their heads to a tree if they continued to misbehave.

Defendant Keala ultimately followed through on his threat. After having instructed the boys to stand face forward against the tree, Defendant Keala momentarily entered the cafeteria. When he returned, Defendant Keala alleges that he caught John and his classmate climbing the tree. The boys, upon taking notice of Defendant Keala's return, quickly jumped down from the tree and put their noses to it. Shortly thereafter, Defendant Keala sent another student to the office to retrieve masking tape. After returning from the office, Defendant Keala instructed the student to tape the boys' heads to the tree. The one inch wide masking tape was wrapped once around each boy's head and the limbs of the tree while Defendant Keala supervised from about five feet away.

After being taped to the tree for approximately five minutes, the boys were released. According to the parties, Defendant Keala instructed a fifth grade girl to take the tape off after she commented that he should not be doing that. Upon releasing the boys, who did not appear upset at the time, Defendant Keala apologized, explaining that "he had to do that" and stressing the fact that he had warned them.

II. Procedural Background

As a result of these incidents, on January 14, 2000, John and his mother, Plaintiff Jane Doe ("Jane"), filed this lawsuit against Defendants, asserting claims for: (1) Violation of 42 U.S.C. §§ 1981 and 1983; (2) Negligence and Gross Negligence; (3) False Imprisonment; (4) Assault and Battery; (5) Negligent Infliction of Emotional Distress; (6) Violation of Title IX; (7) Violation of Hawaii Revised Statutes ("HRS") § 302A-1001; (8) Loss of Consortium; and (9) Punitive Damages.⁷ On January 18, 2000, the Court granted Plaintiffs' Ex Parte Motion to file the complaint under "Doe" designations and for appointment of next of friend.

Defendant Keala filed a Motion for Judgment on the Pleadings and for Summary Judgment on September 10, 2001. He sought to dismiss the claims based on violation of (1) the Hawaii and United States Constitutions; (2) 42 U.S.C. § 1981; (3) 42 U.S.C. § 1983; as well as Plaintiffs' (4) Loss of Consortium; (5) Negligent Infliction of Emotional Distress, and (6) Punitive Damage claims. Defendant Keala also argued that summary judgment should be granted because he was entitled to qualified immunity and that the Court should decline to exercise supplemental jurisdiction over Plaintiffs' state law claims.

By Order dated November 29, 2001, the Court granted in part and denied in part Defendant Keala's motion. The Court denied Defendant Keala's motion as to qualified immunity with respect to the § 1983 claim, insofar as it was based on violation of the Fourteenth and/or Fourth Amendment to the United States Constitution. However, as § 1983 is a vehicle to enforce federally created rights, the Court granted Defendant Keala's motion with respect to the § 1983 claim based on violation of the Hawaii Constitution. The Court also dismissed Plaintiffs' claims for violation of the Fifth and Ninth Amendments to the United States Constitution, Section 1981, and Title IX.⁸

With respect to Plaintiffs' state law claims, the Court denied Defendant Keala's motion as to the Loss of Consortium and Negligent Infliction of Emotional Distress claims. However, the Court granted Defendant Keala's motion with respect to Plaintiffs' Punitive Damages claims.

Defendant Keala subsequently appealed the Court's Order with respect to the denial of qualified immunity.⁹ On December 10, 2001, Defendant Keala filed a Motion to Stay Pending Appeal.¹⁰ The Court granted Defendant Keala's Motion for Stay Pending Appeal on January 15, 2002.

On February 6, 2002, Plaintiffs filed an Amended Complaint,¹¹ asserting the following claims: (1) Violation of Rehabilitation Act (Section 504); (2) Violation of 42 U.S.C. § 1983; (3) Negligence and Gross Negligence; (4) False Imprisonment; (5) Assault and Battery; (6) Negligent Infliction of Emotional Distress; (7) Violation of H.R.S. § 302A-1001; (8) Loss of Consortium; and (9) Punitive Damages.

On June 12, 2002, the deadline to file dispositive motions, Defendant Sonia Zane filed a Motion for Judgment on the Pleadings, State Defendants filed a Motion for Summary Judgment, and Plaintiffs filed a Motion for Partial Summary Judgment. However, on June 24, 2002, Plaintiffs filed an Amended and Supplemental Memorandum of Law in support of their Motion for Partial Summary Judgment. State Defendants filed a Motion to Strike on July 1, 2002.¹² Plaintiffs filed their Opposition to the motion to strike on July 5, 2002.

Following a number of disputes with respect to these motions and other issues, the parties stipulated in mid-July, 2002 to stay the motions until the Ninth Circuit issued a decision on Defendant Keala's interlocutory appeal. The Ninth Circuit affirmed the Court's November 29, 2001 Order on June 30, 2003.

Following the remand of the case by the Ninth Circuit, the parties reinstated their motions.¹³ State Defendants filed their Opposition to Plaintiffs' Motion for Partial Summary Judgment on December 18, 2003, and filed their Opposition to Plaintiffs' Amended and Supplemental Memorandum of Law. Also on December 18, 2003, Plaintiffs filed their Opposition to Defendant Zane's Motion for Judgment on the Pleadings, and filed their Opposition to State Defendants' Motion for Judgment on the Pleadings and Summary Judgment. Along with their Opposition to State Defendants' Motion, Plaintiffs filed a Counter-Motion for Summary Judgment. On December 22, 2003, Plaintiffs filed an Errata regarding their Motion in Opposition and Counter-Motion to State Defendants' Motion.

On January 8, 2004, State Defendants filed their Reply in support of their Motion for Judgment on the Pleadings and for Summary Judgment, combined with their Opposition to Plaintiffs' Counter-Motion for Summary Judgment. Also on January 8, 2004, Plaintiffs' filed their Reply in support of their Motion for Partial Summary Judgment. Defendant Sonia Zane filed a Statement with regard to her pending Motion for Judgment on the Pleadings, and also filed a Reply in support of State Defendants' Motion for Judgment on the Pleadings and for Summary Judgment on January 8, 2004. Plaintiffs filed a Reply in support of their Counter-Motion for Summary Judgment on January 12, 2004. Oral argument took place on February 2, 2004. At the...