ALEXANDER F. SIMEONA, Plaintiff-Appellant,
TANI DYDASCO, Defendant-Appellee, and JOHN DOES 1-10, Defendants
This decision is published in table format in the Pacific and Hawai'i reporter.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. CIVIL NO. 11-1-2565-10 GWBC.
On the briefs: Jack Schweigert, John Gillmor, Rory Soares Toomey, for Plaintiff-Appellant.
Caron M. Inagaki, John F. Molay, Deputy Attorneys General, for Defendant-Appellee.
By: Nakamura, C.J., and Fujise and Leonard, JJ.
SUMMARY DISPOSITION ORDER
Plaintiff-Appellant Alexander F. Simeona (Simeona) sued Defendant-Appellee Tani Dydasco (Dydasco), an employee of the Office of Offender Management, Department of Public Safety, State of Hawai'i, in her individual and official capacities. Simeona alleged that Dydasco was responsible for calculating his maximum term release date and that due to Dydasco's actions and omissions, he was " overdetained" or kept in prison beyond his proper release date.
The Circuit Court of the First Circuit (Circuit Court) granted Dydasco's motion for summary judgment on the claims raised by Simeona in his complaint, and it entered its " Judgment for Defendant Tani Dydasco" (Judgment) on July 26, 2012.
On appeal, Simeona contends that the Circuit Court erred in granting Dydasco's motion for summary judgment as to Simeona's (1) federal Fourteenth Amendment due process claim, (2) federal Eighth Amendment claim for cruel and unusual punishment, (3) negligence claim, and (4) punitive damage claim. All of Simeona's claims against Dydasco are premised on his contention that he had been overdetained as the result of Dydasco's miscalculation of his maximum term release date. As explained below, because the undisputed evidence and applicable law establish that Dydasco did not err in calculating Simeona's maximum term release date, the Circuit Court properly granted summary judgment in favor of Dydasco. We affirm the Circuit Court's Judgment.
Based on undisputed evidence, the facts relevant to this appeal are as follows:
Simeona was convicted of offenses in five different cases. He was sentenced in these cases on two different dates. First, on April 26, 1999, Simeona was sentenced in Cr, No. 98-1854 to five years in prison for unauthorized control of a propelled vehicle (UCPV). Second, on October 20, 1999, he was sentenced in:
(1) Cr. No. 99-0007 to five years in prison for UCPV;
(2) Cr. No. 98-0304 to five years in prison ...