Case: Bernard v. State of Hawaii

1:02-cv-00367 | U.S. District Court for the District of Hawaii

Filed Date: June 18, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 18, 2002, deaf inmates filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Hawaii against the Public Safety Department of Hawaii, the Hawaii Paroling Authority, and the state of Hawaii. Represented by attorneys from the National Association of the Deaf Law Center and the Levin Education Access Project, the plaintiffs alleged violations of their constitutional rights. Further information about the complaint is unavailable because all of the case's documents are sealed.

On March 21, 2003, Judge Samuel King granted in part and denied in part the defendants' motion to dismiss. Judge King also granted in part and denied in part the plaintiffs' motion for a preliminary injunction. After this order, the parties entered into settlement discussions.

The parties settled in early 2004, and June 3, 2004, the case was dismissed. No further information is available on the case.

Summary Authors

Jessica Kincaid (3/5/2015)

People


Judge(s)

Chang, Kevin S.C. (Hawaii)

King, Samuel Pailthorpe (Hawaii)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Levin, Stanley E. (Hawaii)

Varady, Carl M. (Hawaii)

Vargas, Mary C. (Maryland)

Attorneys(s) for Defendant

Inouye, Cindy S. (Hawaii)

Moser, Kendall J. (Hawaii)

Judge(s)

Chang, Kevin S.C. (Hawaii)

King, Samuel Pailthorpe (Hawaii)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Levin, Stanley E. (Hawaii)

Varady, Carl M. (Hawaii)

Vargas, Mary C. (Maryland)

Attorneys(s) for Defendant

Inouye, Cindy S. (Hawaii)

Moser, Kendall J. (Hawaii)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 6, 2014 Docket

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: June 18, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf inmates

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hawaii Paroling Authority, State

Hawaii Department of Public Safety, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitoring

Monitor/Master

Preliminary relief granted

Issues

Disability:

Hearing impairment

Type of Facility:

Government-run