Silva v. City of Honolulu, CIV. NO. 15-00436 HG-KJM

• Decision Date: 27 June 2017
• Docket Number: CIV. NO. 15-00436 HG-KJM
• Parties: GULSTAN E. SILVA, JR., as Personal Representative of the Estate of Sheldon Paul Haleck; JESSICA Y. HALECK, Individually and as Guardian Ad Litem of Jeremiah M.V. Haleck; WILLIAM E. HALECK; VERDELL B. HALECK, Plaintiffs, v. CITY AND COUNTY OF HONOLULU; LOUIS M. KEALOHA, Individually; CHRISTOPHER CHUNG; SAMANTHA CRITCHLOW; STEPHEN KARDASH, Defendants.
• Court: U.S. District Court — District of Hawaii

GULSTAN E. SILVA, JR., as Personal Representative of the Estate of Sheldon Paul Haleck;
JESSICA Y. HALECK, Individually and as Guardian Ad Litem of Jeremiah M.V. Haleck;
WILLIAM E. HALECK; VERDELL B. HALECK, Plaintiffs,
v.
CITY AND COUNTY OF HONOLULU; LOUIS M. KEALOHA, Individually;
CHRISTOPHER CHUNG; SAMANTHA CRITCHLOW; STEPHEN KARDASH, Defendants.

CIV. NO. 15-00436 HG-KJM

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

June 27, 2017

ORDER GRANTING DEFENDANT LOUIS M. KEALOHA'S MOTION FOR SUMMARY JUDGMENT (ECF No. 193) and DENYING PLAINTIFFS' AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE LIABILITY OF DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, STEPHEN KARDASH, LOUIS M. KEALOHA, AND CITY AND COUNTY OF HONOLULU FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS (ECF No. 195) and GRANTING DEFENDANT CITY AND COUNTY OF HONOLULU'S AMENDED MOTION FOR SUMMARY JUDGMENT (ECF No. 199) and GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, AND STEPHEN KARDASH'S AMENDED MOTION FOR SUMMARY JUDGMENT (ECF No. 200)

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Plaintiffs filed a Second Amended Complaint against the City and County of Honolulu, former Honolulu police chief Louis Kealoha, and Honolulu police officers Christopher Chung, Samantha Critchlow, and Stephen Kardash relating to a March 16, 2015 incident involving Sheldon Paul Haleck.

Plaintiffs claim the Honolulu police officers seized Sheldon Paul Haleck and used excess force when they arrested him for disorderly conduct. Plaintiffs assert that the Honolulu police officers used pepper spray and a Taser multiple times against Sheldon Paul Haleck. He died following his arrest.

Plaintiffs allege constitutional violations and state law claims against the City and County of Honolulu, the former police chief, and the Honolulu police officers who seized and arrested Haleck.

There are four motions for summary judgment filed by the Parties.

1. Defendant Louis M. Kealoha's Motion for Summary Judgment (ECF No. 193)

Defendant Louis M. Kealoha filed a Motion for Summary Judgment on all claims against him.

First, Defendant Kealoha seeks summary judgment as to Plaintiffs' third cause of action. The cause of action includes a Section 1983 claim against Defendant Kealoha in his individual capacity for failure to supervise, failure to discipline, and

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ratification of the police officers' actions as stated in the Third Cause of Action.

Second, Defendant Kealoha moves for summary judgment as to the Eighth Cause of Action for interference with civil rights.

Defendant Louis M. Kealoha's Motion for Summary Judgment (ECF No. 193) is GRANTED.

2. Plaintiffs' Amended Motion for Summary Judgment (ECF No. 195)

Plaintiffs filed an Amended Motion for Partial Summary Judgment as to the liability of Defendants City and County of Honolulu, Louis M. Kealoha, Christopher Chung, Samantha Critchlow, and Stephen Kardash for alleged constitutional violations pursuant to Section 1983 as stated in the First, Second, and Third Causes of Action.

Plaintiffs' Amended Motion for Partial Summary Judgment (ECF No. 195) is DENIED.

3. Defendant City and County of Honolulu's Amended Motion for Summary Judgment (ECF No. 199)

Defendant City and County of Honolulu filed an Amended Motion for Summary Judgment as to Plaintiffs' Third Cause of Action for Section 1983 municipal liability. Defendant City and County also seeks summary judgment in its favor as to Plaintiffs' Eighth Cause of Action for interference with civil rights.

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Defendant City and County of Honolulu's Amended Motion for Summary Judgment (ECF No. 199) is GRANTED.

4. Defendants Christopher Chung, Samantha Critchlow, and Stephen Kardash's Amended Motion for Summary Judgment (ECF No. 200)

Defendants Christopher Chung, Samantha Critchlow, and Stephen Kardash filed an Amended Motion for Summary Judgment as to Plaintiffs' constitutional and state law claims against them stated in the First, Second, Fourth, Fifth, Sixth, and Seventh Causes of Action. The Defendant police officers assert that they did not violate Haleck's constitutional rights and are otherwise entitled to qualified immunity. The Defendant officers argue they are entitled to a conditional privilege as to the Plaintiffs' state law claims.

Defendant Honolulu Police Officers' Amended Motion for Summary Judgment (ECF No. 200) is GRANTED, IN PART, AND DENIED, IN PART.

As to the Causes of Action stated in the Second Amended Complaint:

The Court GRANTS Summary Judgment for the respective Defendants as to the Causes of Action 2 through 8.

The only Cause of Action remaining is as follows:

The First Cause of Action for Excessive Force in Violation of the Fourth Amendment to the United States Constitution Pursuant to 42 U.S.C. § 1983 stated by Plaintiff Gulstan E.

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Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, against Defendants Christopher Chung, Samantha Critchlow, and Stephen Kardash in their individual capacities.

There are no remaining claims by Plaintiffs Jessica Y. Haleck, for herself and as Guardian Ad Litem for Jeremiah M.V. Haleck, William E. Haleck, and Verdell B. Haleck.

The only remaining Plaintiff is Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck.

There are no remaining claims against Defendant City and County of Honolulu and Defendant Louis M. Kealoha.

The only remaining Defendants are Christopher Chung, Samantha Critchlow, and Stephen Kardash.

PROCEDURAL HISTORY

On October 20, 2015, Plaintiffs filed a Complaint. (ECF No. 1).

On the same date, Plaintiff Jessica Y. Haleck filed an Ex Parte Motion for Appointment of Guardian Ad Litem. (ECF No. 3).

On November 23, 2015, the Magistrate Judge issued an Order Appointing Jessica Y. Haleck as Guardian Ad Litem for Jeremiah M.V. Haleck. (ECF No. 11).

On March 29, 2016, Plaintiffs filed a FIRST AMENDED COMPLAINT. (ECF No. 31).

On January 4, 2017, Defendant Louis M. Kealoha, Defendant

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City and County of Honolulu, and Defendants Christopher Chung, Samantha, Critchlow, Stephen Kardash, Chad Sano, Reynwood Makishi, and Frank Pojsl filed Motions for Summary Judgment and Concise Statements of Facts. (ECF Nos. 126, 127, 134, 136, 137, 138).

On the same date, Plaintiffs filed a Motion for Partial Summary Judgment and a Concise Statement of Facts. (ECF Nos. 131, 132).

On January 4, 2017, Plaintiffs filed a Motion to Seal Documents (ECF No. 133) and Defendant Louis M. Kealoha filed a Motion to Seal Documents (ECF No. 129).

On January 11, 2017, the Court issued an ORDER GRANTING PLAINTIFFS LEAVE TO FILE EXHIBITS UNDER SEAL. (ECF No. 145).

Also on January 11, 2017, the Court issued an ORDER GRANTING DEFENDANT LOUIS M. KEALOHA'S EX-PARTE MOTION FOR LEAVE TO FILE CERTAIN EXHIBITS UNDER SEAL. (ECF No. 146).

On January 20, 2017, the Parties filed their Oppositions to the Motions for Summary Judgment. (ECF No. 152, 153, 154, 155, 157, 158, 159, 160).

On February 2, 2017, the Parties filed their Replies. (ECF Nos. 167, 168, 169, 170).

On February 6, 2017, the Court issued an ORDER GRANTING PLAINTIFFS LEAVE TO FILE EXHIBITS UNDER SEAL. (ECF No. 171).

On February 15, 2017, Plaintiffs filed PLAINTIFFS' MOTION

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FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 173).

Also on February 15, 2017, Plaintiffs filed PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL. (ECF No. 174).

On the same date, Plaintiffs filed PLAINTIFFS' EX PARTE MOTION TO SHORTEN TIME FOR HEARING (1) MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL AND (2) MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 175).

On February 16, 2017, the Court issued a Minute Order granting Plaintiffs' Motion to Shorten Time and issued a briefing schedule as to Plaintiffs' Motion to Dismiss and their Motion to File Second Amended Complaint. (ECF No. 177).

On February 16, 2017, the Court issued the Parties' STIPULATION FOR PARTIAL DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS AGAINST DEFENDANT DONNA Y.L LEONG AND ORDER. (ECF No. 176).

On March 7, 2017, the Court held a hearing as to Plaintiff's Motion to Dismiss, Plaintiff's Motion for Leave to File Second Amended Complaint, and the scheduling of the Motions for Summary Judgment. (ECF No. 186).

The Court granted, in part, and denied, in part, Plaintiffs' Motion to Dismiss and granted Plaintiff's Motion for Leave to File Second Amended Complaint. (Id.)

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The Court ordered the Parties to re-file their Motions for Summary Judgment in accordance with its Orders on Plaintiffs' Motions to Dismiss and Leave to Amend. (Id.)

On March 10, 2017, Plaintiffs filed their SECOND AMENDED COMPLAINT FOR DAMAGES. (ECF No. 189).

On March 14, 2017, the Court issued an ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL AND GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 192).

On March 21, 2017, Defendant Kealoha filed his Motion for Summary Judgment (ECF No. 193), Defendant City and County of Honolulu filed its Amended Motion for Summary Judgment (ECF No. 199), and the Defendant Honolulu Police Officers filed their Amended Motion for Summary Judgment (ECF No. 200).

On the same date, Plaintiffs filed their Amended Motion for Summary Judgment. (ECF No. 195).

On April 17, 2017, the Parties filed their Oppositions. (ECF No. 208, 209, 210, 211).

On April 24, 2017, the Parties filed their Replies. (ECF Nos. 212, 214, 215, 216).

On June 14, 2017, the Court held a hearing on the Parties' four Motions for Summary Judgment. (ECF No. 223). The Court ruled from the bench. The Court granted the Motions for Summary

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Judgment filed by Defendants Louis M. Kealoha and the City and County of Honolulu. The Court granted, in part, and denied, in part, the Defendant Officers' Motion for...