Case: R.G. v. Koller

1:05-cv-00566 | U.S. District Court for the District of Hawaii

Filed Date: Sept. 1, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On September 1, 2005, three LGBT teenagers confined at Hawaii Youth Correctional Facility (HYCF) filed a lawsuit under 42 U.S.C. §1983 against State Department of Human Services and the Office of Youth Services in U.S. District Court of Hawaii, Hawaii Division. The plaintiffs, represented by public interest and private counsel, sought monetary, declaratory and injunctive relief, asserting federal constitutional and state law claims. Specifically, the plaintiffs claimed violations of their Due…

On September 1, 2005, three LGBT teenagers confined at Hawaii Youth Correctional Facility (HYCF) filed a lawsuit under 42 U.S.C. §1983 against State Department of Human Services and the Office of Youth Services in U.S. District Court of Hawaii, Hawaii Division. The plaintiffs, represented by public interest and private counsel, sought monetary, declaratory and injunctive relief, asserting federal constitutional and state law claims. Specifically, the plaintiffs claimed violations of their Due Process, Establishment, Equal Protection, and access to counsel rights, as well as state law.

The alleged violations consisted of harassment, abuse, discrimination, and isolation because of plaintiffs' actual or perceived LGBT status.

On February 7, 2006, the Court (Judge J. Michael Seabright) granted the plaintiffs' motion for a preliminary injunction as to their Due Process claim and denied their motion for preliminary injunction as to their Establishment Clause and access to counsel claims. The Court did not reach the plaintiffs' Equal Protection claim. Per defendants' request, the Court delayed issuing an injunction to allow HYCF time to finalize a pending agreement with the DOJ.

On March 1, 2006, the Court issued the aforementioned preliminary injunction. This order enjoined defendants from discriminating against, harassing, or abusing LGBT wards in a variety of specified ways. Furthermore, defendants were required to take reasonable steps to protect LGBT wards from such treatment by other wards, including developing policies for adequate staffing and supervision of LGBT wards and a protective classification system. Finally, the injunction also required defendants to develop policies for HYCF personnel regarding their obligation to intervene in discriminatory treatment against LGBT wards, appropriately respond to reports of such treatment by HYCF wards, and appropriately counsel or discipline HYCF employees who violated these provisions.

On March 16, 2006, the Court (Magistrate Judge Leslie Kobayashi) denied plaintiffs' motion for leave to file a second amended complaint to permit maintenance as a class action. On March 21, 2006, the defendants appealed the magistrate judge's decision. This appeal was not resolved before the settlement outlined below.

On September 6, 2006, the Court (Judge J. Michael Seabright) approved the parties' settlement agreement. This agreement included the provisions of the preliminary injunction, requirements regarding defendants' retention of a consultant in furtherance of those provisions, and monetary damages for the plaintiffs.

Summary Authors

Timothy Shoffner (6/1/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4623678/parties/g-v-koller/


Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Aitken, Ashleigh E. (California)

Alston, Paul (Hawaii)

Fettig, Derik T. (California)

Hall, Matthew I. (California)

Kuo, Mei-Fei (Hawaii)

Lange, Tamara (California)

Martin-Culver, Marilyn D. (California)

Naugle, Natalie (California)

Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Aitken, Ashleigh E. (California)

Alston, Paul (Hawaii)

Fettig, Derik T. (California)

Hall, Matthew I. (California)

Kuo, Mei-Fei (Hawaii)

Lange, Tamara (California)

Martin-Culver, Marilyn D. (California)

Naugle, Natalie (California)

Padilla, Angela L. (California)

Perrin, Lois K (Hawaii)

Attorneys(s) for Defendant

Aburano, Brian P. (Hawaii)

Bennett, Mark Jeremy (Hawaii)

Ferm, Dennis K. (Hawaii)

Ginoza, Lisa M. (Hawaii)

Goto, Blair A. (Hawaii)

Jones, Hugh R. (Hawaii)

Lum, Cora K. (Hawaii)

Molay, John F. (Hawaii)

Moser, Kendall J. (Hawaii)

Rian, Heidi M. (Hawaii)

Schoen, Renee N.C. (Hawaii)

Wynhoff, William J. (Hawaii)

Documents in the Clearinghouse

Document

1:05-cv-00566

Docket [PACER]

Sept. 6, 2006

Sept. 6, 2006

Docket
30

1:05-cv-00566

First Amended Complaint

Sept. 29, 2005

Sept. 29, 2005

Complaint
77

1:05-cv-00566

Reply Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction

R.G. vs. Koller

Nov. 15, 2005

Nov. 15, 2005

Pleading / Motion / Brief
132

1:05-cv-00566

Plaintiffs’ Proposed Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Preliminary Injunction

R.G. vs. Koller

Jan. 3, 2006

Jan. 3, 2006

Pleading / Motion / Brief
162

1:05-cv-00566

Order Granting in Part and Denying in Part Plaintiffs’ Motion for Preliminary Injunction

R.G. vs. Koller

415 F.Supp.2d 1129

Feb. 7, 2006

Feb. 7, 2006

Order/Opinion
215

1:05-cv-00566

Preliminary Injunction Order

2006 WL 905225

March 1, 2006

March 1, 2006

Order/Opinion
286

1:05-cv-00566

Stipulation for Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41 and Order

R.G. v. Koller

Sept. 6, 2006

Sept. 6, 2006

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4623678/g-v-koller/

Last updated Aug. 24, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for damages, declaratory and injunctive relief; exhibits A−D; (Summons(es) issued) (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

2

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 11/28/05 before Mag Judge Leslie E. Kobayashi (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

3

EX PARTE MOTION for appointment of next friend for minor child plaintiff C. P. pursuant to Fed.R. Civ.P. 7 and 17 (c); declaration of Lois Perrin referred to Mag Judge Leslie E. Kobayashi (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

4

DECLARATION of Lois K. Perrin by plaintiffs (SEALED) (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 250.00, receipt # 231284 (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 225.00, receipt # 231285 for Tamara Lange, PHV (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 225.00, receipt # 231286 for Angela L. Padilla, PHV (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 225.00, receipt # 231287 for Matthew I. Hall, PHV (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 225.00, receipt # 231288 for Marilyn D. Martin−Culver, PHV (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

FILING FEE PAID in the amount of $ 225.00, receipt # 231289 for Ashleigh E. Aitken (emt) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

5

APPLICATION of Angela L. Padilla to appear pro hac vice ; declaration of Angela L. Padilla in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Angela L. Padilla pro hac vice by Mag

Sept. 6, 2005

Sept. 6, 2005

7

APPLICATION of Ashleigh E. Aitken to appear pro hac vice ; declaration of Ashleigh E. Aitken in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Ashleigh E. Aiken pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

8

APPLICATION of Marilyn D. Martin−Culver to appear pro hac vice ; declaration of Marilyn D. Martin−Culver in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Marilyn D. Martin−Culver pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

9

APPLICATION of Matthew I. Hall to appear pro hac vice ; declaration of Matthew I. Hall in support of application to appear pro hac vice; consent of Lois K. Perrin; ORDER granting application for admission of Matthew I. Hall pro hac vice by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs (emt) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

10

EX PARTE MOTION to seal declaration disclosing identities of plaintiffs and for permission to proceed using pseudonyms pursuant to Fed. R. Civ. P. 26(c); memorandum of law in support of ex parte motion; declaration of Lois K. Perrin − filed separately under seal; ORDER sealing declaration and granting permission to proceed using pseudonyms pursuant to Fed. R. Civ. P. (26)(c) by Mag Judge Leslie E. Kobayashi on behalf of plaintiffs [4−1] (emt) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

11

ORDER appointing next friend for minor child plaintiff C. P. pursuant to Fed. R. Civ. P. 7 and 17(c) by Mag Judge Leslie E. Kobayashi [3−1] adding party plaintiff A. W. (emt) (Entered: 09/13/2005)

Sept. 6, 2005

Sept. 6, 2005

12

RETURN OF SERVICE executed upon defendant Henry Haina on 9/6/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

13

RETURN OF SERVICE executed upon defendant Cynthia Hubbell on 9/6/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

14

RETURN OF SERVICE executed upon defendant Kaleve Tufono−Iosefa on 9/6/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

15

RETURN OF SERVICE executed upon State of Hawaii on behalf of defendant Sharon Agnew, Director of the Office of Youth Services on 9/6/05 through Melina Sanchez, Deputy Attorney General (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

16

RETURN OF SERVICE executed upon defendant Lawrence Alvaro on 9/6/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

17

RETURN OF SERVICE executed upon defendant Lillian Koller on 9/6/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

18

RETURN OF SERVICE executed upon defendant Leila Holloway on 9/8/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

19

RETURN OF SERVICE executed upon defendant Michael Kim on 9/8/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

20

RETURN OF SERVICE executed upon defendant Sharon Agnew on 9/8/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

21

RETURN OF SERVICE executed upon State of Hawaii on behalf of defendant Kaleve Tufono−Iosefa, Hawaii Youth Correctional Facility Administrator on 9/6/05 through Melina Sanchez, Deputy Attorney General (acknowlegment not signed) (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

23

RETURN OF SERVICE executed upon defendant Phyllis Rosete on 9/8/05 (emt) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

24

RETURN AND ACKNOWLEDGMENT OF SERVICE − service of complaint and summons executed upon defendant Mitch Simao, YCO, in his individual and official capacities; date of service: 9/18/05 (afc) (Entered: 09/22/2005)

Sept. 20, 2005

Sept. 20, 2005

25

RETURN AND ACKNOWLEDGMENT OF SERVICE − service of complaint and summons executed upon defendant Earlene Josiah, YCO, in her individual and official capacities; date of service: 9/15/05 (afc) (Entered: 09/22/2005)

Sept. 20, 2005

Sept. 20, 2005

26

SUBMISSION of original application for admission of Angela L. Padilla to appear pro hac vice, dated September 1, 2005 by plaintiffs [5−2] (emt) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

27

SUBMISSION of original application for admission of Marilyn D. Martin−Culver to appear pro hac vice, dated September 1, 2005 by plaintiffs [8−2] (emt) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

28

SUBMISSION of original application for admission of Matthew I. Hall to appear pro hac vice, dated September 1, 2005 by plaintiffs [9−2] (emt) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

29

SUBMISSION of original application for admission of Ashleigh E. Aitken to appear pro hac vice, dated September 1, 2005 by plaintiffs [7−2] (emt) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

30

FIRST AMENDED COMPLAINT for damages, declaratory and injunctive relief [1−1]; exhibits A−F; summons (issued) by plaintiffs − [adding defendant Richard Koehler] (emt) (Entered: 09/30/2005)

Sept. 29, 2005

Sept. 29, 2005

31

NOTICE OF MOTION and motion by plaintiffs for preliminary injunction ; memorandum in support of motion; certification of Lois K. Perrin pursuant to rule Local Rule 7.5(e); declaration of Lois K. Perrin, exhibits A−G; declaration of [R. G.], exhibit A [redacted]; declaration of [C. P.], exhibits A−B [redacted]; declaration of [J. D.], exhibits A−B [redacted]; declaration of Robert J. Bidwell, M. D., exhibits A−F [redacted]; declaration of Caitlin C. Ryan, exhibits A−B; sealed declaration of R. G., exhibit A; sealed declaration of C. P., exhibits A−B; sealed declaration of Robert J. Bidwell, M. D., exhibits A−F; certificate of service − set for 10:30 10/31/05 before Judge J. M. Seabright (SEALED) (emt) Modified on 10/11/2005 (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

32

CERTIFICATE of service by plaintiffs (emt) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

33

ERRATA to plaintiffs' memorandum in support of motion (filed October 3, 2005); certificate of service by plaintiffs [31−1] (emt) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

34

EO :Continued : [Plaintiff's Motion for Preliminary Injunction] from 11/14/2005 9:45AM to 11/21/2005 9:45 AM before JMS Ms. Perrin to prepare stipulation. [31−1] 9:45 11/21/05 ( Ct Rptr : ) JUDGE Judge J. M. Seabright (emt) (Entered: 10/07/2005)

Oct. 6, 2005

Oct. 6, 2005

35

RETURN OF SERVICE executed upon defendant Kaleve Tufono−Iosefa on 9/30/05 − as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

36

RETURN OF SERVICE executed upon defendant Mitch Simao on 9/30/05 − as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

37

RETURN OF SERVICE executed upon defendant Henry Haina on 9/30/05 − as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

38

RETURN OF SERVICE executed upon defendant Robert Michael Kim on 9/30/05 − as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

40

RETURN OF SERVICE executed upon defendant Cynthia Hubbell on 10/5/05 − as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

41

RETURN OF SERVICE executed upon defendant Sharon Agnew on 10/3/05 − as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

42

RETURN OF SERVICE executed upon defendant Lillian Koller on 10/4/05 − as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

43

RETURN OF SERVICE executed upon defendant Phyllis Rosete on 9/30/05 − as to service of first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

44

RETURN OF SERVICE executed upon defendant Earlene Josiah on 9/30/05 − as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

45

RETURN OF SERVICE executed upon defendant Leila Holloway on 9/30/05 − as to service of the first amended complaint and summons (emt) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

46

STIPULATION and ORDER regarding sealing of orginal filing of plaintiffs' motion for preliminary injunction and associated documents; declaration of Lois K. Perrin; exhibit A; order granted by Judge J. Michael Seabright − REDACTED VERSION of plaintiff's motion for preliminary injunction originally filed 10/3/05 [listed as exhibit A] [31−1] (emt) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

47

EX PARTE APPLICATION by plaintiffs for temporary restraining order to preserve documents and evidence and order to show cause ; memorandum of law in support of ex parte application and order to show cause; declaration of Lois K. Perrin in support of ex parte application and order to show cause, exhibit A; declaration of Linda Hadley [redacted], exhibit A; declaration of [J. Doe] [redacted]; ORDER [proposed] granting temporary restraining order to preserve documents and evidence and setting hearing on order to show cause; certificate of service − referred to Judge J. M. Seabright (emt) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

48

EO : Status Conference set for 10/12/2005 10:00AM before JMS. Notified Lois K. Perrin and Lisa Ginoza ; ( Ct Rptr : ) JUDGE Judge J. M. Seabright (emt) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

49

STIPULATION to continue hearing on plaintiffs' motion for preliminary injunction, briefing schedule and ORDER by Judge J. M. Seabright − setting hearing on plaintiffs' motion for preliminary injunction [31−1] 9:45 11/21/05 before Judge J. Michael Seabright (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

50

EX PARTE MOTION by plaintiffs to seal documents disclosing identities of plaintiffs and other HYCF wards and other confidential information; memorandum of law in support of ex parte motion; declaration of Lois K. Perrin; ORDER granting ex parte motion to seal pursuant to Fed. R. Civ. P. 26 (c) by Mag Judge Leslie E. Kobayashi (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

51

DECLARATION of C. P.; exhibits A−B by plaintiffs [31−1] (SEALED) (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

52

DECLARATION of J. D.; exhibits A−B [31−1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

53

DECLARATION of R. G.; exhibit A [31−1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

54

DECLARATION of Robert J. Bidwell, M.D.; exhibits A−F; [31−1] by plaintiffs (SEALED) (emt) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

55

CERTIFICATE of service by plaintiffs (emt) (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

56

EP : Status Conference: The Court heard arguments from both parties on the plaintiff's Temporary Restraining Order and took it under advisement. ; [47−1] ( Ct Rptr : Debra Chun) JUDGE Judge J. M. Seabright (emt) (Entered: 10/14/2005)

Oct. 12, 2005

Oct. 12, 2005

58

EO : Status Conference set for 10/17/2005 02:15 PM before JMS () JUDGE Judge J. M. Seabright (emt) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

59

SUBMISSION by plaintiffs of Caitlin Conor Ryan's original signature pursuant to Local Rule 10.2(e); exhibit 1; certificate of service [31−1] (emt) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

60

RETURN OF SERVICE executed on 9/29/05 as to State Attorney General, received by Jocelyn Abanos, Deputy Attorney General (emt) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

61

EO: Status conference set for 9:00 11/1/05 before Judge J. M. Seabright by Judge J. M. Seabright (gs) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

62

STIPULATION as to the Ex Parte Application for temporary restraining order to preserve documents and evidence and order to show cause [47−1] filed October 11, 2005 and Order by J. Michael Seabright. (gs) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

63

EP : Status Conference: Discussion held regarding motion for preliminary injunction, etc. Plaintiff's Motion for Preliminary Injunction continued to January 3, 2006 at 9:00 a.m. Hearing re: Standing scheduled for November 21, 2005 at 1:30 p.m. Further status conference scheduled for Wednesday, November 2, 2005 at 2:30 p.m. [31−1] ; status conference set for 2:30 11/2/05 ; in court hearing set for 1:30 11/21/05 before Judge J. M. Seabright ( Ct Rptr : Sharon Ross) JUDGE Judge J. M. Seabright (emt) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

64

MEMORANDUM by defendants in opposition to plaintiffs' motion for preliminary injunction [31−1]; declaration of Kaleve Tufono−Iosefa; exhibits A through I; declaration of Sharon Agnew; declaration of Earlene Josiah; declaration of Phyllis Rosete; declaration of Cynthia Hubbell; declaration of Leila Holloway; exhibit A; declaration of Henry Haina; declaration of Mitch Simao; declaration of Ricardo Kohler; certificate of service (emt) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

65

EP : Status Conference: Discussion held regarding dates. Plaintiff's Motion for Preliminary Injunction rescheduled to be heard on December 20, 2005 at 9:00 a.m. [31−1] ( Ct Rptr : Sharon Ross) JUDGE Judge J. M. Seabright (emt) (Entered: 11/03/2005)

Nov. 2, 2005

Nov. 2, 2005

66

ANSWER by defendant Cynthia Hubbell to first amended complaint for damages, declaratory and injunctive relief [30−1]; certificate of service (emt) (Entered: 11/04/2005)

Nov. 3, 2005

Nov. 3, 2005

67

ANSWER by defendant Earlene Josiah to first amended complaint for damages, declaratory and injunctive relief filed September 29, 2005 [30−1]; certificate of service (emt) (Entered: 11/07/2005)

Nov. 4, 2005

Nov. 4, 2005

68

ANSWER by defendants Lillian Koller, Sharon Agnew, and Kaleve Tufono−Iosefa, in their official and individual capacities, and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim, and Koehler to plaintiffs' first amended complaint filed on September 29, 2005 [30−1] (emt) (Entered: 11/07/2005)

Nov. 4, 2005

Nov. 4, 2005

69

ANSWER by defendants Lawrence Alvaro, Leila Holloway, Michael Kim, Ricardo (incorrectly named as Richard) Koehler, Phyllis Rosete and Mitch Simao, in their individual capacities to plaintiffs' first amended complaint for damages, declaratory and injunctive relief filed September 29, 2005; certificate of service [30−1] (emt) (Entered: 11/07/2005)

Nov. 4, 2005

Nov. 4, 2005

70

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/09/2005)

Nov. 8, 2005

Nov. 8, 2005

71

DEMAND for jury trial; certificate of service by defendants Lilian Koller, Sharon Agnew and Kaleve Tufono−Iosefa, in their individual capacities and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim and Koehler, in their official capacities (emt) Modified on 11/10/2005 (Entered: 11/10/2005)

Nov. 9, 2005

Nov. 9, 2005

72

REPORT OF MEETING OF THE PARTIES PURSUANT TO FED. R. CIV. P. RULE 26 (f); certificate of service by plaintiffs (emt) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

73

SEALED SUPPLEMENTAL DECLARATION of Lois K. Perrin in support of plaintiffs' motion for preliminary injunction; exhibit 1 by plaintiffs (SEALED) [31−1] (emt) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

74

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

78

MEMORANDUM by defendnts in support of defendants' opposition to plaintiffs' non−hearing motion to exceed word limit for reply memorandum; declaration of John F. Molay in support of defendants' oppositon to plaintiffs' non−hearing motion to exceed word limit for reply memorandum; certificate of service [75−2] (emt) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

75

NOTICE of non−hearing motion; plaintiffs' motion to exceed word limit for reply memorandum ; declaration of Lois K. Perrin; ORDER by Judge J. Michael Seabright granting plaintiffs' motion to exceed word limit for reply memorandum; certificate of service (emt) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

76

REPLY MEMORANDUM by plaintiffs in support of motion to exced word limit [75−1], [75−2] (emt) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

77

REPLY MEMORANDUM in support of plaintiffs' motion for preliminary injunction; certification of word count; declaration of Paul Alston, exs. 1−6; supplemental declaration of Robert J. Bidwell, M.D., ex. 1; declaration of Carolyn J. Brown (fax), exs. 1−3; declaration of Nelson Griffis (fax), ex. 1; declaration of Linda Hadley, ex. 1; declaration of Melvea Hardy, ex. 1; declaration of Shauna Kamaka, ex. 1; declaration of Larry D. Miesner (not original), ex. 1; supplemental declaration of Lois K. Perrin, exs. 1−3; declaration of David Roush (fax), ex. 1; certificate of service [75−2],[31−1] (emt) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

79

EO : Hearing re: Standing set for November 21, 2005 @l:30 p.m. will now be set for 2:15 p.m. on the same day before Judge Seabright. cc: All Counsel of Record by Fax ; in court hearing set for 2:15 11/21/05 before Judge J. M. Seabright () JUDGE Judge J. M. Seabright (emt) (Entered: 11/18/2005)

Nov. 17, 2005

Nov. 17, 2005

80

ANSWER by defendant Henry Haina to first amended complaint for damages, declaratory and injunctive relief filed on September 29, 2005 [30−1]; demand for jury trial; certificate of service (emt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

81

SUPPLEMENTAL REPORT ON MEETING OF THE PARTIES pursuant to Federal Rule of Civil Procedure 26(f); certificate of service by defendant Henry Haina (emt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

82

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

83

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendants Lawrence Alvaro, Leila Holloway, Robert Michael Kim, Richard Koehler, Phyllis Rosete and Mitch Simao (emt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

84

STIPULATION and ORDER regarding filing of declaration of Devon Enesa and second supplemental declaration of Lois K. Perrin; exhibits A−B − granted by Judge J. M. Seabright [31−1] (emt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

85

INITIAL DISCLOSURE statement of defendant Earlene Josiah in her individual capacity; certificate of service by defendant Earlene Josiah (emt) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

86

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant Earlene Josiah (emt) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

87

INITIAL DISCLOSURES of defendants Lawrence Alvaro, Leila Holloway, Robert Michael Kim, Richardo Koehler, Phyllis Rosete and Mitch Simao, in their individual capacities, pursuant to Fed. R. Civ. P. Rule 26(a)(1); certificate of service (emt) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

88

INITIAL DISCLOSURES; certificate of service by defendant Henry Haina (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

90

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant Cynthia Hubbell (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

91

INITIAL DISCLOSURES; certificate of service by defendant Cynthia Hubbell (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

92

INITIAL DISCLOSURES (Fed.R.Civ.P. 26(a)) of defendants Lillian Koller, Sharon Agnew and Kaleve Tufono−Iosefa, in their individual capacities, and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim, and Koehler, in their official capacities; certificate of service (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

93

SCHEDULING CONFERENCE STATEMENT of defendants Lillian Koller, Sharon Agnew and Kaleve Tufono−Iosefa, in their individual capacities, and defendants Hubbell, Rosete, Josiah, Holloway, Haina, Simao, Alvaro, Kim and Koehler, in their official capacities; certificate of service (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

94

INITIAL DISCLOSURES pursuant to Fed. R. Civ. P. 26 by plaintiffs (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

95

CERTIFICATE of service by plaintiffs (emt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

96

EP : Hearing Re−Standing− Witness−Devon Enesa−CST Oral Argument held. Court finds that at the time of the filing of the Complaint the Plaintiffs' had standing. The Plaintiffs' Motion for Preliminary Injunctions set for December 20, 2005 before this Court will go forward. Court will prepare a written Order as to this Ruling. Status Conference regarding the hearing procedures as to the Plaintiffs' Motion for Preliminary Injunctions set for December 15, 2005 @ 8:30 a.m. before this Court. Defendant's will be filing a Motion by November 28, 2005 to be heard on December 15, 2005 @8:30 a.m. The Memorandum in Opposition to be filed by December 5, 2005 and Reply Brief to be filed by December 12, 2005. ; status conference set for 8:30 12/15/05 ; In−court hearing held 11/21/05 before Judge J. M. Seabright re [31−1], re [79−2] ( Ct Rptr : Sharon Ross) JUDGE Judge J. M. Seabright (emt) (Entered: 11/23/2005)

Nov. 21, 2005

Nov. 21, 2005

97

SUBMISSION by plaintiffs of original signatures of David Roush, Larry D. Miesner, Nelson G. Griffis, and Carolyn Brown pursuant to Local Rule 10.2(e); exhibits 1−4; certificate of service [77−1] (emt) (Entered: 11/25/2005)

Nov. 23, 2005

Nov. 23, 2005

98

EP : Rule 16 Scheduling Conference−Plaintiffs' Counsel Tamar Lange and Matthew Hall participated by Phone. 1. Jury trial on August 29, 2006 at 9:00 a.m. before JMS 2. Final Pretrial Conference on July 18, 2006 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 11, 2006 5. File motions to Join/Add Parties/Amend Pleadings by January 27, 2006 6. File other Non−Dispositive Motions by May 31, 2006 7. File Dispositive Motions by March 29, 2006 8a. File Motions in Limine by August 8, 2006 8b. File opposition memo to a Motion in Limine by August 15, 2006 11a. Plaintiff's Expert Witness Disclosures by February 27, 2006 11b. Defendant's Expert Witness Disclosures by March 29, 2006 12. Discovery deadline June 30, 2006 13. Settlement Conference set for May 04, 2006 at 2:00 p.m. before LEK 14. Settlement Conference statements by April 27, 2006 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 15, 2006 21. File Final witness list by August 8, 2006 24. Exchange Exhibit and Demonstrative aids by August 1, 2006 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 8, 2006 26. File objections to the Exhibits by August 15, 2006 28a. File Deposition Excerpt Designations by August 8, 2006 28b. File Deposition Counter Designations and Objections by August 15, 2006 29. File Trial Brief by August 15, 2006 30. File Findings of Fact &Conclusions of Law by N/A Other Matters: Status Conference set for February 1, 2006 @l0:00 a.m. before Judge Kobayashi. Court will set aside Two Hours for this Conference. Court and Counsel discussed Request for Admissions−20 Request for Admissions will be submitted to Defendants from the Plaintiff. Interrogatories−First wave of Interrogatories−15 Questions as to Individual Defendants.. One Set to the Individual Defendants and One Set to the Defendant State of Hawaii. ; Jury Trial set for 9:00 8/29/06 before Judge J. M. Seabright , ; final pretrial conference set for 9:00 7/18/06 ; Discovery ddl set for 6/30/06 ; Motion filing ddl set for 3/29/06 ; settlement/status conference set for 2:00 5/4/06 ; rule 16 conference held on 9:00 11/28/05 before Mag Judge Leslie E. Kobayashi , ; in court hearing set for 10:00 2/1/06 before Mag Judge Leslie E. Kobayashi (Ct Rptr : none) JUDGE Mag Judge Leslie E. Kobayashi (emt) (Entered: 12/02/2005)

Nov. 28, 2005

Nov. 28, 2005

99

EO : Status Conference set for 12/05/2005 09:00:00 AM before JMS Louis Perrin to notify all defendants attorneys. () JUDGE Judge J. M. Seabright (emt) (Entered: 12/02/2005)

Dec. 1, 2005

Dec. 1, 2005

Case Details

State / Territory: Hawaii

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Sept. 1, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three teenagers who have been confined at the Hawaii Youth Correction Facility and who either identify as or are perceived to be lesbian, gay, bisexual, or transgender

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Office of Youth Services, State

Hawaii Youth Correctional Facility (Kailua, HI), State

Department of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Amount Defendant Pays: 625000

Order Duration: 2006 - 2006

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Failure to supervise

Failure to train

Gay/lesbian/transgender

Juveniles

Discrimination-basis:

Gender identity

Sexual orientatation

Type of Facility:

Government-run