Case: Griffin v. State of Hawaii

1:20-cv-00454 | U.S. District Court for the District of Hawaii

Filed Date: Oct. 21, 2020

Closed Date: May 27, 2021

Clearinghouse coding complete

Case Summary

On October 21, 2020, the plaintiff, a pro se litigant who was a nonpartisan candidate for Hawaii's First Congressional District, filed this lawsuit against the Attorney General of the State of Hawaii and the Chief Election Officer of the State of Hawaii in the U.S. District Court for the District of Hawaii alleging that Hawaii's statute governing the placement of nonpartisan candidates on the general election ballot violates the Fourteenth Amendment of the Constitution and that the plaintiff is…

On October 21, 2020, the plaintiff, a pro se litigant who was a nonpartisan candidate for Hawaii's First Congressional District, filed this lawsuit against the Attorney General of the State of Hawaii and the Chief Election Officer of the State of Hawaii in the U.S. District Court for the District of Hawaii alleging that Hawaii's statute governing the placement of nonpartisan candidates on the general election ballot violates the Fourteenth Amendment of the Constitution and that the plaintiff is entitled to $50,000,000 and the placement of his name on the general election ballot. The case was decided by District Court Judge Susan O. Mollway.

In the primary election, the plaintiff received 2,324 votes, the most of any nonpartisan candidate. However, to appear on the general election ballot Hawaii law requires nonpartisan candidates to receive either (1) at least 10 percent of all votes cast in the primary or (2) at least as many votes as the successful partisan candidate who received the least votes. The plaintiff's name was not included on the general election ballot because he received only 1.12 percent of the total votes cast, and he received fewer votes than the partisan candidate who received the least votes.

Although he filed his complaint before the general election occurred, the plaintiff took no other action before the court, and the court did not address the substantive issues raised in the complaint prior to the election. In December 2020, after the general election occurred without the plaintiff's name being listed on the ballot, the plaintiff filed an amended complaint seeking an order compelling the State of Hawaii to "redo" the election for Hawaii's First Congressional District and awarding the plaintiff $50,000,000.

The State of Hawaii filed a motion to dismiss arguing that the plaintiff failed to allege the existence of subject matter jurisdiction and that the doctrine of sovereign immunity bared the plaintiff's claims. The court held that plaintiff had not failed to allege a basis for federal jurisdiction because the plaintiff's claims were based on the Fourteenth Amendment and the District Court has original jurisdiction over civil actions arising under the Constitution. However, the court concluded that the plaintiff's claims were barred by the doctrine of sovereign immunity under the Eleventh Amendment because the plaintiff only brought claims against the State of Hawaii and its Office of Elections, the plaintiff did not allege that the state had waived its sovereign immunity, and the state indeed had not waived its sovereign immunity with respect to the plaintiff's claim. Thus, the court dismissed the plaintiff's complaint with leave to amend.

The plaintiff filed multiple amended complaints. Addressing the plaintiff's latest amended complaint (the Second Amended Complaint (Revised)), the court granted the state's motion to dismiss. The court concluded that the plaintiff's claims against the Attorney General and Chief Election Officer were barred by the Eleventh Amendment because the plaintiff sued them in their official capacity and did not seek prospective relief. Therefore, the doctrine under Ex parte Young, which allows a plaintiff to proceed against state officials in their official capacities did not apply. Specifically, the plaintiff sought monetary damages for past harm and requested being placed on the ballot for the 2020 General Election, which had already occurred. The plaintiff's Second Amended Complaint (Revised) dropped the plaintiff's claim for relief in the form of a "redo" of the election.

In May 2021, the court granted the defendant's motion to dismiss. The court reasoned that since the election was complete, there was no alleged continuing violation of federal law. The court pointed out that had the plaintiff made a motion before the general election occurred calling on the court to make a specific ruling, his request would have been prospective, but it was not sufficient to simply file a complaint. Since the election was over, the court could not order the state to make changes to the ballots and could not retrospectively invalidate the results of the election. The court distinguished the U.S. Court of Appeals for the Ninth Circuit's holding in Bennett v. Yoshina that some challenges to a completed election may be considered prospective because that case dealt with the question of how votes should be counted after the election and thus involved a request for prospective relief.  

The court also concluded that the plaintiff did not state a claim against the Attorney General because there was no allegation that the Attorney General took any action that caused the plaintiff harm. With respect to the allegations against the Chief Election Officer, the court concluded that the plaintiff failed to state a claim that the statute governing the qualification of nonpartisan candidates infringed his right to access the ballot under the First and Fourteenth Amendments. And the plaintiff failed to state a claim that Hawaii's electoral laws violate the Equal Protection Clause.

The court ultimately dismissed the revised Second Amended Complaint with prejudice because the plaintiff had filed four complaints and granting leave to amend would be futile.

Summary Authors

John Hood (5/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36194807/parties/griffin-v-state-of-hawaii/


Judge(s)

Mollway, Susan Oki (Hawaii)

Attorney for Plaintiff

Griffin, Calvin Christopher (Hawaii)

Attorney for Defendant

Cruz, Skyler G. (Hawaii)

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Documents in the Clearinghouse

Document
1

1:20-cv-00454

Complaint For Violation Of Civil Rights

Griffin V. State Of Hawaii, Et Al

Oct. 21, 2020

Oct. 21, 2020

Complaint
9

1:20-cv-00454

Amended Complaint for Violation of Civil Rights

Griffin V. State Of Hawaii, Et Al

Dec. 9, 2020

Dec. 9, 2020

Complaint
10

1:20-cv-00454

Defendants State of Hawaii and State of Hawaii Office of Election's Motion to Dismiss the Amended Complaint;Memorandum in Support of Motion;Certificate of Service

Connors v. Inagaki

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
10-1

1:20-cv-00454

Memorandum in Support of Motion

Griffin V. State Of Hawaii, Et Al

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
15

1:20-cv-00454

Memorandum In Opposition

Griffin V. State Of Hawaii, Et Al

Jan. 25, 2021

Jan. 25, 2021

Pleading / Motion / Brief
18

1:20-cv-00454

Defendants State Of Hawaii And State Of Hawaii Office Of Election's Reply In Support Of Their Motion To Dismiss The Amended Complaint;Certificate of Service

Griffin V. State Of Hawaii, Et Al

Jan. 29, 2021

Jan. 29, 2021

Pleading / Motion / Brief
21

1:20-cv-00454

Order Granting Defendants’ Motion To Dismiss

Griffin V. State Of Hawaii, Et Al

Feb. 9, 2021

Feb. 9, 2021

Order/Opinion

2021 WL 473720

22

1:20-cv-00454

Second Amended Complaint

Griffin V. State Of Hawaii, Et Al

March 2, 2021

March 2, 2021

Complaint
24

1:20-cv-00454

Second Amended Complaint (Revised)

Griffin V. State Of Hawaii, Et Al

March 10, 2021

March 10, 2021

Complaint
27

1:20-cv-00454

Defendants State Of Hawaii, Clare Connors (Attorney General), Office Of Elections, and Scott Nago's (Chief Election Officer) Motion To Dismiss the Second Amended Complaint (Revised)

Griffin V. State Of Hawaii, Et Al

March 15, 2021

March 15, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36194807/griffin-v-state-of-hawaii/

Last updated May 28, 2026, 8:33 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against State of Hawaii, State of Hawaii Office of Elections - filed by Calvin Christopher Griffin (jo) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

Clearinghouse
2

Filing fee received: $400.00; receipt number HI029504 re 1 Complaint (jo) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

3

Order Setting Rule 16 Scheduling Conference for 09:30 AM on 12/21/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/21/2020. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statement) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jo)COURT'S CERTIFICATE OF SERVICE - Calvin Christopher Griffin will be served by First Class Mail on October 23, 2020 to the address of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

4

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of Summons, # 2 Waiver of the Service of Summons) (jo) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

5

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form, found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) (Entered: 10/22/2020)

Oct. 21, 2020

Oct. 21, 2020

6

Consent Election Form (jo) (Entered: 10/28/2020)

Oct. 27, 2020

Oct. 27, 2020

8

SUMMONS Returned Executed by Calvin Christopher Griffin. State of Hawaii served on 12/9/2020. (jo) (Entered: 12/11/2020)

Dec. 9, 2020

Dec. 9, 2020

9

[FIRST] AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against All Defendants - filed by Calvin Christopher Griffin (Attachments: # 1 Copy of ECF 1, # 2 Trasmittal Envelope) (jo) (Entered: 12/11/2020)

1 Copy of ECF [1]

View on RECAP

2 Trasmittal Envelope

View on PACER

Dec. 9, 2020

Dec. 9, 2020

Clearinghouse
7

EO: Due to a conflict in the Court's schedule, the Rule 16 Scheduling Conference previously set for 12/21/2020 IS CONTINUED TO 01/13/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements, if not already filed, are due by 01/06/2021.In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

ADVISORY ENTRY-Incomplete Caption, No Identification of the Filer, and No Signature - Please be advised that Document 9 Amended Complaint does not include information that identifies the filer and contains an incomplete caption. The filing party may refer to LR10.2.(b) Identification of Person Filing a Document, which states "The name, Hawaii bar identification number, address, telephone number, facsimile number, and e-mail address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left-hand corner of the first page of each paper presented for filing...". Furthermore, this document is not signed. The Clerk's Office shall return a copy of the Amended Complaint to the Plaintiff. The Plaintiff is directed to sign and return the copy of the Amended Complaint, with the correct case caption and filer identification, to the Clerk's Office. (jo)

Dec. 11, 2020

Dec. 11, 2020

10

MOTION to Dismiss Defendants State of Hawaii and State of Hawaii Office of Election's Motion to Dismiss the Amended Complaint Skyler G. Cruz appearing for Defendants State of Hawaii Office of Elections, State of Hawaii (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Cruz, Skyler) (Entered: 12/28/2020)

1 Memorandum

View on RECAP

2 Certificate of Service

View on PACER

Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
11

EO: In light of the Motion to Dismiss filed by Defendants on 12/28/2020, the Rule 16 Scheduling Conference previously set for 01/13/2021 IS CONTINUED TO 02/16/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements, if not already filed, are due by 02/09/2021. In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-877-848-7030 Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

12

EO: The Court directs the Clerk's Office to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the magistrate judge in this case. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

13

NOTICE of Case Reassignment: Please reflect Civil Case Number CV 20-00454 SOM-KJM on all further pleadings. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

14

NOTICE of Hearing on Motion 10 MOTION to Dismiss Defendants State of Hawaii and State of Hawaii Office of Election's Motion to Dismiss the Amended Complaint.A Video Teleconference(VTC) Motion Hearing has been set for 2/8/2021 at 10:00 AM before JUDGE SUSAN OKI MOLLWAY.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (tl)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

15

OPPOSITION to Motion to Dismiss re: 10 - filed by Calvin Christopher Griffin Note: This document does not include information that identifies the filing party and does not include a signature (jo) (Entered: 01/26/2021)

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
16

PROOF OF SERVICE re: 15 Opposition to Motion to Dismiss - filed by Calvin Christopher Griffin (jo) (Entered: 01/26/2021)

Jan. 25, 2021

Jan. 25, 2021

ADVISORY ENTRY: Please be advised that docket number 15 Opposition to Motion to Dismiss, filed by Calvin Christopher Griffin, is not signed. The Clerk's Office shall return a copy of the Opposition to Motion to Dismiss to the Plaintiff. The Plaintiff is directed to sign and return the copy of the Opposition to Motion to Dismiss to the Clerk's Office. (jo)

Jan. 26, 2021

Jan. 26, 2021

17

EO: In light of the 10 Defendants State of Hawaii and State of Hawaii Office of Election's Motion to Dismiss the Amended Complaint to be heard on February 8, 2021 by District Judge Susan O. Mollway, the Rule 16 Scheduling Conference previously set for 02/16/2021 IS CONTINUED TO 04/12/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD via telephone. Scheduling conference statements are due by 04/05/2021. In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

18

REPLY re 10 MOTION to Dismiss Defendants State of Hawaii and State of Hawaii Office of Election's Motion to Dismiss the Amended Complaint filed by State of Hawaii, State of Hawaii Office of Elections. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 01/29/2021)

1 Certificate of Service

View on PACER

Jan. 29, 2021

Jan. 29, 2021

Clearinghouse
19

Plaintiff's Original Signature Page re 15 OPPOSITION to Motion to Dismiss - by Calvin Christopher Griffin (jo) (Entered: 02/02/2021)

Jan. 29, 2021

Jan. 29, 2021

20

EO: The court cancels the hearing previously scheduled for February 8, 2021. The court will decide the motion to dismiss based on the papers submitted by the parties. A written order will be provided later this month. re 10 . (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

COURT'S CERTIFICATE of Service - a copy of 20 Link has been served by First Class Mail to the addresses of record on Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

Feb. 2, 2021

Feb. 2, 2021

COURT'S CERTIFICATE of Service - a copy of 20 Link emailed to Plaintiff Calvin Christopher Griffin. (cib)

Feb. 2, 2021

Feb. 2, 2021

21

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS re 10 . Signed by JUDGE SUSAN OKI MOLLWAY on 2/9/2021.The First Amended Complaint is dismissed with leave to amend. If Griffin opts to submit a Second Amended Complaint, he must do so no later than March 1, 2021. If he does not file a Second Amended Complaint by that date, the court will enter judgment against Griffin and will close this case. Griffin is cautioned that any Second Amended Complaint should stand as a complete document, without reference to any previous complaint filed in this case, and any previous complaint will become a nullity upon the filing of a Second Amended Complaint. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

Clearinghouse

COURT'S CERTIFICATE of Service - a copy of 21 Order on Motion to Dismiss has been served by First Class Mail to the addresses of record on Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

Feb. 9, 2021

Feb. 9, 2021

22

SECOND AMENDED COMPLAINT against All Defendants - filed Calvin Christopher Griffin Note: This document is not signed by the filing party and does not include information that identifies the filing party (jo) Modified on 3/2/2021 (jo) (Entered: 03/02/2021)

March 1, 2021

March 1, 2021

Clearinghouse
23

ACKNOWLEDGEMENT OF SERVICE OF SUMMONS as to 22 Second Amended Complaint - filed by Calvin Christopher Griffin (jo) (Entered: 03/02/2021)

March 1, 2021

March 1, 2021

ADVISORY ENTRY-Incomplete Caption, Case Number, or Title.- Please be advised that Document 22 Second Amended Complaint does not include information that identifies the filer and contains an incomplete caption. The filing party may refer to LR10.2.(b) Identification of Person Filing a Document, which states "The name, Hawaii bar identification number, address, telephone number, facsimile number, and e-mail address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left-hand corner of the first page of each paper presented for filing...". Furthermore, this document is not signed. The Clerk's Office shall return a copy of the Second Amended Complaint to the Plaintiff. The Plaintiff is directed to sign and return the copy of the Second Amended Complaint with the correct filer identification to the Clerk's Office. (jo)

March 2, 2021

March 2, 2021

24

SECOND AMENDED COMPLAINT (REVISED) against All Defendants - filed by Calvin Christopher Griffin (jo) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

Clearinghouse
25

ACKNOWLEDGEMENT OF SERVICE OF SUMMONS as to 24 Second Amended Complaint (Revised) - filed by Calvin Christopher Griffin State of Hawaii and Clare Connors served (jo) Modified on 3/10/2021 (jo) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

26

ACKNOWLEDGEMENT OF SERVICE OF SUMMONS as to 24 Second Amended Complaint (Revised) - filed by Calvin Christopher Griffin Scott Nago served (jo) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

COURT'S CERTIFICATE OF SERVICE - filed copies of ECF Nos. 24, 25, and 26 will be served by First Class Mail to Calvin Christopher Griffin at the address of record on March 11, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo)

March 10, 2021

March 10, 2021

27

MOTION to Dismiss the Second Amended Complaint (Revised) Skyler G. Cruz appearing for Defendants Clare Connors, State of Hawaii Office of Elections, Scott Nago, State of Hawaii (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Cruz, Skyler) (Entered: 03/15/2021)

1 Memorandum

View on RECAP

2 Certificate of Service

View on PACER

March 15, 2021

March 15, 2021

Clearinghouse
28

NOTICE of Hearing on Motion 27 MOTION to Dismiss the Second Amended Complaint (Revised). A Video Teleconference(VTC) Motion Hearing has been set for 5/3/2021 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.(tl)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

29

EO: Mr. Griffin is reminded that, if he opposes the motion to dismiss his Second Amended Complaint, his opposition memorandum is due by April 12, 2021. That deadline is set by this court's rules, which provide for opposition memoranda to be filed 21 days before a hearing. As Mr. Griffin has been previously informed, the hearing is scheduled for May 3, 2021, at 9:00 a.m., by videoconference. re 27 . (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

COURT'S CERTIFICATE of Service - a copy of 29 Link has been served by First Class Mail to the addresses of record on Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

March 17, 2021

March 17, 2021

30

MOTION to Dismiss the Second Amended Complaint (Revised) Skyler G. Cruz appearing for Defendants Clare Connors, State of Hawaii Office of Elections, Scott Nago, State of Hawaii (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Cruz, Skyler) Modified on 3/31/2021 (jo) (Entered: 03/29/2021)

1 Memorandum

View on RECAP

2 Certificate of Service

View on PACER

March 29, 2021

March 29, 2021

Clearinghouse
31

NOTICE of Hearing on Motion 30 MOTION to Dismiss the Second Amended Complaint (Revised). A Video Teleconference(VTC) Motion Hearing has been set for 5/3/2021 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.(tl)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

32

Defendants State of Hawaii, Clare Connors (Attorney General), Office of Elections, and Scott Nago's (Chief Election Officer) Rule 16 Scheduling Conference Statement (Attachments: # 1 Certificate of Service)(Cruz, Skyler) Modified on 4/5/2021 (jo) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

33

EO: In light of the 30 MOTION to Dismiss the Second Amended Complaint (Revised), the Rule 16 Scheduling Conference previously set for 04/12/2021 IS CONTINUED TO 06/09/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements due by 06/02/2021.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

34

EO: The court opts to decide the pending motion to dismiss without a hearing. The hearing scheduled for May 3, 2021, is cancelled, and the court will, of course, examine all briefs relating to the motion. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

COURT'S CERTIFICATE of Service - a copy of 34 Link has been served by First Class Mail to the addresses of record on Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

April 23, 2021

April 23, 2021

35

EO: On March 17, 2021, this court reminded Mr. Griffin that his opposition memorandum was due on April 12, 2021. No opposition has been filed. If Mr. Griffin does not intend to rest on the existing record, he is directed to notify the court of his intent to file an opposition memorandum immediately. If Mr. Griffin does not respond by calling 808 541 1720 by 9 a.m. tomorrow, April 29, 2021, this court will assume that Mr. Griffin intends to rest on the existing record. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

COURT'S CERTIFICATE of Service - a copy of 35 Link has been served by EMAIL to Plaintiff Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

April 28, 2021

April 28, 2021

36

EO: Mr. Griffin had a deadline of April 12, 2021, for any opposition memorandum relating to the pending motions to dismiss. He filed no opposition memorandum. On April 28, 2021, this court entered a minute order, a copy of which was emailed to Mr. Griffin, asking him to confirm that he wanted this court to proceed based on the existing record. The court asked him to telephone the court by 9 a.m. on April 29, 2021, or the court would proceed on the basis of the existing record. This court, having received no telephone message from Mr. Griffin, considers the briefing closed and will consider the motions based on the existing record. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

37

EO: After the time set for a telephone call from Mr. Griffin, he contacted court staff and said he had missed the email earlier. It is a pro se party's responsibility to pay attention to communications from the court. In any event, court staff told Mr. Griffin that the court would allow him to file his tardy opposition papers by noon on Monday, May 3, 2021. Movants may file optional reply papers by midnight on Monday, May 10, 2021. The court continues to plan to address the motions without a hearing. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

COURT'S CERTIFICATE of Service - a copy of 36 Link has been served by First Class Mail and emailed to the addresses of record on Calvin Christopher Griffin. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

April 29, 2021

April 29, 2021

38

Plaintiff's Affidavit/Affirmation in Opposition to Defendant's Motion re: 30 - filed by Calvin Christopher Griffin (Attachments: # 1 Transmittal Envelope) (jo) (Entered: 05/04/2021)

1 Transmittal Envelope

View on PACER

May 3, 2021

May 3, 2021

Clearinghouse
39

REPLY re 27 MOTION to Dismiss the Second Amended Complaint (Revised), 30 MOTION to Dismiss the Second Amended Complaint (Revised) filed by Clare Connors, Scott Nago, State of Hawaii, State of Hawaii Office of Elections. (Attachments: # 1 Certificate of Service)(Cruz, Skyler) (Entered: 05/10/2021)

1 Certificate of Service

View on PACER

May 10, 2021

May 10, 2021

Clearinghouse
40

ORDER GRANTING MOTIONS TO DISMISS re: 27, 30 .Defendants' motion to dismiss is granted. Griffin has already filed four complaints, and this court has now granted two motions to dismiss. For the reasons discussed above, this court finds that granting Griffin leave to amend would be futile. The Second Amended Complaint is dismissed with prejudice.The Clerk of Court is directed to enter judgment for Defendants and to close this case. Signed by JUDGE SUSAN OKI MOLLWAY on 5/27/2021. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

Clearinghouse
41

CLERK'S JUDGMENT entered on 5/27/2021 pursuant to ECF 40 Order Granting Motions to Dismiss. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

Clearinghouse

Case Details

State / Territory:

Hawaii

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 21, 2020

Closing Date: May 27, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pro se nonpartisan candidate

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Attorney General of Hawaii; Chief Election Officer of Hawaii

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

District of Hawaii 1:20-cv-00454

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Damages

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Recommended Citation