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Fotoudis v. City & County of Honolulu

United States District Court, D. Hawaii

September 17, 2014

STEVE FOTOUDIS, Plaintiff,
v.
CITY AND COUNTY OF HONOLULU; LOUIS KEALOHA, CHIEF OF THE HONOLULU POLICE DEPARTMENT IN HIS OFFICIAL CAPACITY; DAVID LOUIE, ATTORNEY GENERAL OF HAWAII, IN HIS OFFICIAL CAPACITY, Defendants

Page 1137

For Steve Fotoudis, Plaintiff: Alan A. Beck, LEAD ATTORNEY, San Diego, CA; Richard L. Holcomb, Holcomb Law, LLLC, Honolulu, HI.

For City and County of Honolulu, Defendant: Lisa W. Cataldo, LEAD ATTORNEY, Ernest H. Nomura, Office of Corporation Counsel-Honolulu, Honolulu, HI.

For Louis Kealoha, Chief of the Honolulu Police Department, in his individual capacity, Defendant: Lisa W. Cataldo, LEAD ATTORNEY, Office of Corporation Counsel-Honolulu, Honolulu, HI.

For David Louie, Attorney General of Hawaii, in his individual and official capacity, Defendant: Kendall J. Moser, LEAD ATTORNEY, Office of the Attorney General-State of Hawaii, Honolulu, HI.

Page 1138

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND FOR PERMANENT INJUNCTIVE RELIEF

J. Michael Seabright, United States District Judge.

I. INTRODUCTION

Plaintiff Steve Fotoudis (" Plaintiff" or " Fotoudis" ) moves for summary judgment and for permanent injunctive relief in this action challenging the constitutionality of certain provisions of Hawaii Revised Statutes (" HRS" ) § 134-2(d) regarding applications for a permit to acquire firearms. Under 42 U.S.C. § 1983, Fotoudis seeks

Page 1139

an order: (1) finding violations of constitutional rights, and (2) permanently enjoining Defendants the City and County of Honolulu (the " City" ), Louis Kealoha (in his official capacity as Chief of the Honolulu Police Department) (" Kealoha" ), and David Louie (in his official capacity as Attorney General of the State of Hawaii) (" Louie" ) (collectively, " Defendants" ) from refusing to allow Fotoudis (and other lawful permanent residents) to apply for permits to acquire firearms under HRS § 134-2(d). Based on the following, the Motion is GRANTED.

II. BACKGROUND

A. Factual Background

1. The Parties

Fotoudis is a permanent resident of the United States, living in Honolulu, Hawaii. Doc. No. 26, Verified First Amended Complaint (" FAC" ) ¶ 8. According to the FAC, [b]efore moving to Hawaii, [Fotoudis] was a competitive shooter in Australia. [He] was an active member in a club of competitive shooters, has had extensive training in firearms use and safety, and has safely and lawfully possessed a number of firearms in Australia for many years." Id. ¶ 23.

The City is a municipal corporation, incorporated under the laws of the State of Hawaii. Id. ¶ 9. Kealoha, Chief of the Honolulu Police Department, is " sued in his official capacity as a City official and/or employee who supervised, oversaw, and/or participated in the violation of Mr. Fotoudis' rights" as alleged in the FAC; and is " responsible for developing and/or enforcing the City and [State's] policies, customs, or practices" at issue. Id. ¶ 10. Similarly, Louie, as " chief legal officer and chief law enforcement officer for the State of Hawaii . . . is tasked by Hawaii law to comply with, enforce, and/or defend the laws at issue." Id. ¶ 11.

2. The Dispute

The parties have stipulated to the following facts, which the court considers to be proven for purposes of this action.[1] See, e.g., United States v. Houston, 547 F.2d 104, 107 (9th Cir. 1976) (" Stipulations as to material facts . . . will be deemed to have been conclusively established." ).

a. Plaintiff is a lawfully admitted permanent resident of the United States who at all material times has resided in the City and County of ...


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