Young v. Hawaii

Decision Date11 March 2008
Docket NumberCiv. No. 07-00450 HG KSC.
Citation548 F.Supp.2d 1151
PartiesGeorge K. YOUNG, Jr., Plaintiff, v. State of HAWAII and Linda Lingle in her capacity as Governor of the State of Hawaii; Mark J. Bennett in his capacity as State Attorney General; County of Hawaii, as a sub-agency of the State of Hawaii and Harry Kim in his capacity as Mayor of the County of Hawaii; and the Hilo County Police Department, as a sub-agency of he County of Hawaii and Lawrence K. Mahuna in his capacity as Chief of Police; John Does 1-25; Jane Does 1-25; Corporations 1-5, and Doe Entities 1-5, Doe Non-Profit Entities 1-5, Defendants.
CourtU.S. District Court — District of Hawaii

George K. Young, Jr., Hilo, HI, pro se.

Christine E. Savage, Office of the Attorney General, Honolulu, HI, Joseph Kalani Kamelamela, Michael J. Udovic, Office of the Corporation Counsel-Big Island, Hilo, HI, for Defendants.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT

HELEN GILLMOR, Chief Judge.

Plaintiff George K. Young, Jr. sues pursuant to 42 U.S.C. §§ 1983, 1985 and 1986 because his application for a license to carry a weapon was denied under the provisions of Hawaii Revised Statutes ("HRS") § 134-6. Plaintiff challenges the constitutional validity of HRS §§ 134-6 and 134-9, asserting these statutes violate his rights guaranteed by Article I of the United States Constitution, and by the Second, Fifth, Ninth, and Fourteenth Amendments. Plaintiff seeks damages, and an order enjoining the enforcement of HRS §§ 134-6 and 134-9. Defendants move for dismissal of Plaintiffs Complaint.

Plaintiffs claims against the State of Hawaii, the State Governor, and the State Attorney General are barred by the doctrine of sovereign immunity. Plaintiffs claims against the Mayor of the County of Hawaii and the Chief of Police are dismissed as duplicative of the claims asserted against the municipality. As to the claims against the County of Hawaii and the Hilo County Police Department, Plaintiff has no individual fundamental right to bear arms, and HRS §§ 134-6 and 134-9 are rationally related to a legitimate government interest in securing public safety. The Court GRANTS Defendants' motions to dismiss Plaintiffs Complaint.

PROCEDURAL HISTORY

On August 24, 2007, Plaintiff filed his complaint. (Doc. 1.)

On September 14, 2007, the County of Hawaii Defendants filed a Motion to Dismiss Plaintiffs Complaint. (Doc. 14.)

On September 24, 2007, the State of Hawaii Defendants filed a Motion to Dismiss Plaintiffs Complaint. (Doc. 17.)

On October 29, 2007, Plaintiff filed an Opposition to the motions to dismiss. (Doc. 23.)

On November 6, 2007, the County of Hawaii Defendants filed a reply. (Doc. 25.)

On November 8, 2007, the State of Hawaii Defendants filed a reply. (Doc. 26.)

On November 9, 2007, the Court entered an Order indicating the matter would be decided without hearing pursuant to Local Rule 7.2(d). (Doc. 27.)

BACKGROUND
A. Factual Allegations Set Forth In The Complaint

The facts in the Amended Complaint are taken as true when the Court considers a motion to dismiss pursuant to Fed.R.Civ. P., Rule 12(b)(6).

The Complaint alleges that Plaintiff George K. Young, Jr. applied on February 9 and March 5, 2007, for a permit to carry a firearm either concealed or unconcealed, pursuant to Hawaii Revised Statutes ("HRS") § 134-9(a) and (c).1 Plaintiffs stated purpose for wanting to carry a firearm was for "personal security, self-preservation and defense, and protection of personal family members and property." According to the Complaint, Plaintiffs application was denied each time by Hilo County Police Department, Chief of Police Lawrence K. Mahuna stating that a permit will be issued pursuant to HRS § 134-9 "... only in exceptional cases or a demonstrated urgency ..." (Compl. at 15-16, Doc. 1.)

B. Legal Allegations Set Forth In The Complaint

The Complaint alleges that HRS Chapter 134 "offends Plaintiffs constitutional sensibilities and openly denies Plaintiffs free exercise to carry a firearm for any lawful purpose and such impediments are found to be repugnant and offensive to the United States Constitution...." (Id.) The Complaint further alleges that HRS § 134-9 "provides wrongful legislative delegation of the unconstitutional ... discretionary authority over an individual, federally protected constitutional Right...." (Id.) The Complaint sets out claims asserting HRS §§ 134-62 and 134-9 violate Plaintiffs rights guaranteed by Article I of the United States Constitution, and by the Second, Fifth, Ninth, and Fourteenth Amendments. Counts One through Five allege the following claims:

COUNT ONE"(42 U.S.C.1983, 1985, 1986) Violation of U.S. Constitution, Article I, Section 10, Cls. 1: `No State shall ... pass ... any Bill of Attainder ...'" COUNT TWO"(42 U.S.C.1983, 1985, 1986) Violation of U.S. Constitution, Article I, Section 10: `No State shall ... pass any ... law impairing the Obligation of Contract ...'"

COUNT THREE"Violation of U.S. Constitution, Amendment II"

COUNT FOUR"Violation of U.S. Constitution, Amendment IX"

COUNT FIVE"Violation of U.S. Constitution, Amendment XIV ... No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States ..."

The Complaint also sets out claims of violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution, (Compl. at 6-11, 221-22, 31): the due process clause of the Fourteenth Amendment, (Compl. at 6 and 31-32); and the due process clause of the Fifth Amendment, (Id.). The Complaint requests a permanent injunction preventing the enforcement of HRS 134-6 and 134-9, damages, and punitive damages.

STANDARD OF REVIEW

The Court may dismiss a complaint as a matter of law pursuant to Fed.R.Civ.P. Rule 12(b)(6) where it fails "to state a claim upon which relief can be granted." Rule 8(a)(2) of the Fed.R.Civ.P. requires "a short and plain statement of the claim showing that the pleader is entitled to relief." The complaint must "give the defendant fair notice of what the ... claim is and the grounds upon which it rests." Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that recovery is very remote and unlikely"); Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir.1996)("[a]ll that is required is that the complaint gives `the defendant fair notice of what the plaintiffs claim is and the ground upon which it rests.'") (quoting Datagate, Inc. v. Hewlett-Packard Co., 941 F.2d 864, 870 (9th Cir.1991)).

While the Court's review is generally limited to the contents of the complaint, the Court may consider documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice without converting the motion to dismiss into a motion for summary judgment. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.2001)("Review is limited to the contents of the complaint"); United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003)(the courts may consider certain materials without converting the motion to dismiss into a motion for summary judgment); Branch v. Tunnell, 14 F.3d 449, 453-54 (9th Cir.1994)(documents whose contents are alleged in a complaint and whose authenticity is not questioned by any party may also be considered).

In evaluating a complaint when considering a Fed.R.Civ.P. Rule 12(b)(6) motion to dismiss, the Court must presume all factual allegations of material fact to be true and draw all reasonable inferences in favor of the non-moving party. Roe v. City of San Diego, 356 F.3d 1108, 1111-12 (9th Cir.2004); Pareto v. F.D.I.C., 139 F.3d 696, 699 (9th Cir.1998); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (the complaint must be liberally construed, giving the plaintiff the benefit of all proper inferences).

Conclusory allegations of law and unwarranted inferences, though, are insufficient to defeat a motion to dismiss. Pareto, 139 F.3d at 699; In re VeriFone Securities Litigation, 11 F.3d 865, 868 (9th Cir.1993) (conclusory allegations and unwarranted inferences are insufficient to defeat a motion to dismiss for failure to state a claim); Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir.), cert. denied, 454 U.S. 1031, 102 S.Ct. 567, 70 L.Ed.2d 474 (1981) (the Court does not "necessarily assume the truth of legal conclusions merely because they are cast in the form of factual allegations"). Additionally, the Court need not accept as true allegations that contradict matters properly subject to judicial notice or allegations contradicting the exhibits attached to the complaint. Sprewell, 266 F.3d at 988.

In Bell All Corp. v. Twombly, ___ U.S. ___, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), the United States Supreme Court recently addressed the pleading standards under the Federal Rules of Civil Procedure in the antitrust context. Numerous federal courts have considered Twombly's effect on the federal pleading standard, namely whether Twombly established a blanket heightened pleading standard for all cases. The Court agrees with those courts that have held it does not.

A few weeks after Twombly, the Supreme Court decided Erickson v. Pardus, ___ U.S. ___, ___, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007). In Erickson, a prisoner civil rights case, the Court reiterated that Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief."

The Ninth Circuit Court of Appeals in Skaff v. Meridien North America Beverly

Hills, LLC, 506 F.3d 832 (9th Cir.2007) applied Erickson in the Americans with Disabilities Act context, and reaffirmed the applicability...

To continue reading

Request your trial
11 cases
  • Nichols v. Brown
    • United States
    • U.S. District Court — Central District of California
    • 7 May 2012
    ...however, is insufficient to establish the requisite connection between Brown and Plaintiff's alleged injury. See Young v. Hawaii, 548 F.Supp.2d 1151, 1164 (D.Hawai'i 2008) (suit challenging laws prohibiting the carrying or use of firearms in certain circumstances failed to establish “requir......
  • Young v. Hawaii, Civ. No. 12–00336 HG BMK.
    • United States
    • U.S. District Court — District of Hawaii
    • 29 November 2012
    ...Cases Plaintiff has previously filed two similar Complaints in the Federal District of Hawaii. In the first case, Young v. Hawaii, 548 F.Supp.2d 1151 (D.Haw.2008)(“Young I ”), Plaintiff sued State and County Officials based on the denial of his application to carry a weapon in public. The f......
  • Fisher v. Kealoha
    • United States
    • U.S. District Court — District of Hawaii
    • 19 April 2012
    ...or declaratory relief.” Kentucky v. Graham, 473 U.S. 159, 167 n. 14, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985); see also Young v. Hawaii, 548 F.Supp.2d 1151, 1164 (D.Haw.2008) (same). An official capacity suit “is not a suit against the official personally, for the real party in interest is the......
  • Young v. State
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 24 March 2021
    ...Letter at 8.2 Young has filed two prior actions. See Young v. Hawai‘i , 73 Fed. R. Serv. 3d 1635 (D. Haw. 2009) ; Young v. Hawai‘i , 548 F. Supp. 2d 1151 (D. Haw. 2008). Both actions were dismissed.3 In the district court, Young argued that § 134-9 violated the Bill of Attainder Clause, the......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT