United States District Court, D. Hawaii
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
OKI MOLLWAY, United States District Judge
the court is Defendants' motion for summary judgment as
to Plaintiffs' federal claims under 42 U.S.C. § 1983
alleging violations of the Fourth, Fifth, Eighth, Ninth, and
Fourteenth Amendments of the United States Constitution, and
Plaintiffs' state claims alleging false imprisonment or
false arrest, intentional infliction of emotional distress,
court grants summary judgment to Defendant County of Maui as
to all § 1983 claims. With respect to the § 1983
claims against individual Defendants, this court grants
summary judgment to individual Defendants on the claims
relating to alleged violations of the Fifth, Eighth, and
Ninth Amendments, as well as with respect to any alleged
violation of the Fourth Amendment relating to the fact of
Plaintiffs' arrests. The court denies summary judgment to
individual Defendants with respect to § 1983 claims
relating to alleged Fourth Amendment violations concerning
the manner of the arrests and concerning the searches for
judgment is granted to all Defendants on the state law claims
of false imprisonment/false arrest. Summary judgment is
granted to the County on the negligent
respect to the claim of negligence against individual
Defendants and the claim of respondeat superior liability on
the part of the County, summary judgment is denied to the
extent those claims relate to the manner of the arrests and
the searches for guns. In all other respects, summary
judgment is granted on the negligence and respondeat superior
with respect to the claim of intentional infliction of
emotional distress, summary judgment is denied with respect
to emotional distress relating to any claim that remains for
further adjudication, but granted with respect to any
emotional distress relating to matters disposed of by this
Maniatis called 911 to report that two men had held him up at
his home in Wailea, Maui, on July 14, 2013. After speaking
with Maniatis and several of his employees, Maui Police
Department officers arrested Plaintiffs Jason Griego and
James Sanchez for Burglary in the First Degree. The officers
also searched Griego's and Sanchez's hotel rooms for
weapons. Griego and Sanchez were booked but ultimately
released from custody.
Events Leading Up to Arrests on July 14, 2013.
and Sanchez are long-time law enforcement officers from New
Mexico. They came to Maui in early July 2013 to provide
security for Maniatis at his home. See
Plaintiffs' Opposition to Motion for Summary Judgment,
Exhibit 8, ECF No. 117-9, PageID # 735; Exhibit 9, ECF No.
117-10, PageID # 746. Griego and Sanchez had been providing
security at one of Maniatis's land development projects
on the mainland. See ECF No. 117-9, PageID # 735;
ECF No. 117-10, PageID # 746. Griego, Sanchez, and their
families stayed at Maniatis's home from the time they
arrived on Maui until about July 11, 2013. See ECF
No. 117-9, PageID # 736; ECF No. 117-10, PageID # 747.
to Griego and Sanchez, Maniatis was erratic and acted
bizarrely during their stay. See Plaintiffs'
Opposition, Exhibit 11, ECF No. 117-12, PageID # 756; ECF No.
117-9, PageID # 736; ECF No. 117-10, PageID # 747. They
eventually moved their families to a nearby hotel and agreed
to rotate security shifts at Maniatis's home.
See ECF No. 117-12, PageID # 756; ECF No. 117-9,
PageID # 736; ECF No. 117-10, PageID # 747. While upset about
this situation, Maniatis told them he would pay for their
hotel rooms. See ECF No. 117-9, PageID # 736; ECF
No. 117-10, PageID # 747. He also asked if his son could stay
with them and their families at the hotel. See ECF
No. 117-9, PageID # 736; ECF No. 117-10, PageID # 747.
Maniatis's son ended up staying at the hotel until July
12, 2013. See ECF No. 117-9, PageID # 736-37; ECF
No. 117-10, PageID # 747.
and Sanchez say that Maniatis told them to take some time off
and promised to contact them later to set up a meeting.
See ECF No. 117-9, PageID # 737; ECF No. 117-10,
PageID # 747. They say that, on July 13, 2013, one of
Maniatis's employees in New Mexico telephoned Griego to
tell him and Sanchez to meet Maniatis at his house before
they left Maui. See ECF No. 117-9, PageID # 737; ECF
No. 117-10, PageID # 747-48. On July 14, 2013, this same
employee allegedly repeated this instruction and told Griego
that he and Sanchez should go to Maniatis's house.
See ECF No. 117-9, PageID # 737. Griego and Sanchez
say that, before going to Maniatis's house, they stopped
at an ABC store to buy “going away gag gifts” for
Maniatis, including a bottle of wine, some cigars, and an
orange t-shirt. See ECF No. 117-8, PageID # 737; ECF
No. 117-9, PageID # 748.
Incident at Maniatis's House on July 14, 2013.
are varying accounts of what happened at Maniatis's home
on July 14, 2013.
to Griego and Sanchez, they entered Maniatis's property
through the side gate they had normally used during their
time on Maui. See ECF No. 117-9, PageID # 737; ECF
No. 117-10, PageID # 748. No one was sitting at the front
gate, and music was playing loudly. See ECF No.
117-9, PageID # 737; ECF No. 117-10, PageID # 748. They say
Maniatis initially seemed startled when he saw them, then
laughed and hugged them. See ECF No. 117-9, PageID #
737; ECF No. 117-10, PageID # 748. The three men talked
together, and Griego asked Maniatis if he was alone and where
his security was. See ECF No. 117-9, PageID # 737;
ECF No. 117-10, PageID # 748. Maniatis allegedly looked
around, became angry, walked to a side room where some of his
employees were, and asked them why no one had noticed that
Griego and Sanchez had arrived. See ECF No. 117-9,
PageID # 737; ECF No. 117-10, PageID # 748. Maniatis
reportedly then told Griego and Sanchez that he had too much
going on at that time, wanted to meet them in New Mexico, and
“just wanted to make sure everything was good with
them.” See ECF No. 117-9, PageID # 737-38; ECF
No. 117-10, PageID # 748. Maniatis asked them to leave, and
they left through the front door with what they say was their
understanding that they would speak to Maniatis when they
were back in New Mexico. See ECF No. 117-9, PageID #
738; ECF No. 117-10, PageID # 748.
Griego and Sanchez left, Maniatis called 911. See
Defendants' Motion for Summary Judgment, Exhibit J, ECF
No. 111-10, PageID #s 498-99; Exhibit K, ECF No. 111-11,
PageID #s 500-01. The 911 call record shows that, at 7:22
p.m. on July 14, 2013, the Maui Police Department received a
911 call from Maniatis stating that two people armed with
guns “went through security guards and held him up in
his house.” See ECF No. 111-11, PageID # 500.
The dispatcher reported that, in the background of the 911
call, a woman could be heard saying that she did not want
police at the house. See Id. Maniatis then
reportedly said, “Never mind I will just talk to you
later, ” and the 911 call disconnected. See
Id. Given the disconnected call, the dispatcher sent
Officers Ryan Nagata and Anselm Yazaki to Maniatis's
house. See id., PageID # 501.
Nagata and Yazaki interviewed Maniatis and his employees,
Marvin Miles and Edward Opiana, at the house. See
Defendants' Motion, Exhibit E, ECF No. 111-5, PageID #s
469-71; Exhibit S, ECF No. 111-19, PageID #s 526-27. Officer
Yazaki later interviewed Christopher Matson, another one of
Maniatis's Maui employees, by telephone. See ECF
No. 111-5, PageID #s 469-71. Officer Geste Ornellas, Officer
Aly Miyashiro, and Sergeant Myles Won later joined Officers
Nagata and Yazaki at the house to assist in the
investigation. Defendants' Motion, Exhibit RR, ECF No.
111-44, PageID # 632; Exhibit T, ECF No. 111-20, PageID #
529; Exhibit F, ECF No. 111-6, PageID # 478.
their reply brief, Defendants object to consideration by this
court of the police reports and expert report attached to
Plaintiffs' opposition. See Defendants'
Reply, ECF No. 118, PageID # 804. Defendants contend that the
attachments are inadmissible hearsay. See Id. It is
this court's understanding that the alleged hearsay
consists of what Maniatis and his employees allegedly told
the officers. The court considers the police reports for the
narrow purpose of examining whether the police had probable
cause to arrest Plaintiffs and to search their room and
belongings. The reports are the officers' summaries,
offered against the officers. They are not sufficient on
their own to establish probable cause (and Defendants
themselves are not relying on them to do so), but they could
show an absence of probable cause. With respect to alleged
statements by Miles, Opiana, and Matson, all employed by
Maniatis, this court has before it their declarations.
Deposition testimony and interrogatory responses by Griego
and Sanchez are also before the court. This court does not
have any direct statement by Maniatis, but the record does
include notes of a 911 call from Maniatis's house.
hearsay objections to the police reports could apply with
equal force to Defendants' own submissions of the
officers' declarations, which contain summaries of what
they were allegedly told. This court considers all the
materials submitted not to resolve disputed facts, but to
consider whether there was probable cause to arrest and
search Griego and Sanchez. In other words, the court is
focused on what the officers were told or understood, not on
whether the statements or understandings were true.
hearing, Plaintiffs' counsel agreed that the court could
ignore the expert report because certain portions were
missing. For purposes of deciding this motion, this court
does not consider Plaintiffs' expert report.
Maniatis, Officer Yazaki learned that Maniatis had hired
Griego and Sanchez as well as others on Maui to provide armed
security at his house. See ECF No. 111-5, PageID #
470. Maniatis allegedly said that Griego and Sanchez quit on
July 13, 2013, and that he told them to take their belongings
from his house and not to return. See id. Maniatis
allegedly told Officer Yazaki that he asked an employee,
Christopher Matson, to call Griego and tell him that he and
Sanchez were no longer welcome at the Maniatis home and
should not return. See Id. According to Officer
Yazaki, Maniatis said that Matson did contact Griego on July
13, 2013. See id.
allegedly told Officer Yazaki that Griego and Sanchez snuck
up on him, grabbed his wrists, and placed them behind his
back. See Plaintiffs' Opposition, Exhibit 1, ECF
No. 117-2, PageID # 716. Maniatis allegedly said that Griego
and Sanchez had made him feel “scared and threatened,
” and that he believed they had come to his house to
scare or harass him. See id. Officer Yazaki
reported that Maniatis said Griego and Sanchez had handguns
at their waists but did not draw or threaten anyone with the
weapons. See Id. Maniatis allegedly said that, after
they let go of his wrists, he went to another room to get
Opiana and Miles. See Id. Maniatis then allegedly
returned to the kitchen and saw Griego and Sanchez drinking
whiskey. See Id. Maniatis reported that he asked
them to leave, and they did so through the front door.
Yazaki wrote an arrest report stating:
[Griego] was told to stay away from the residence and not to
return. [Griego] returned and grabbed the victim David
MANIATIS by the left and right wrist and held his arms behind
his back and told MANIATIS ‘where is your security
now.' [Griego] also told MANIATIS ‘we can get you
at anytime.' The victim felt threatened by the remarks
told to him.
Motion, Exhibit GG, ECF No. 111-33, PageID # 582.
Nagata interviewed Opiana, who said he was surprised to see
Griego and Sanchez patting Maniatis on the back as if they
were greeting him, because Opiana had not even noticed that
they had come to the house. See Plaintiffs'
Opposition, Exhibit 2, ECF No. 117-3, PageID # 723; see
also Defendants' Motion, Exhibit R, ECF No. 111-18,
PageID # 524. Opiana was cleaning the dining room while
Maniatis was in the kitchen. See ECF No. 117-3,
PageID # 723. Miles was in the computer room, and
Maniatis's son was in his bedroom. See id.
Opiana heard Griego and Sanchez say “this is a security
breach” while laughing, but Opiana did not see them
touch, harass, or threaten Maniatis. See id.;
see also ECF No. 111-18, PageID #s 524-25. According
to Opiana, the conversation never got heated, and Griego and
Sanchez did not take out their weapons during the fifteen or
so minutes they were at the house. See ECF No.
117-2, PageID # 723; see also ECF No. 111-18, PageID
# 525. They reportedly left the house through the main front
door, which had been left open. See ECF No. 117-2,
PageID # 723. According to Opiana, after they left, Maniatis
went to his bedroom, cried for about ten minutes, then called
the police. See id.; see also ECF No.
111-18, PageID # 525.
interviewing Maniatis, Officer Yazaki questioned Miles, who
said he had been working in the computer room in the house
when Maniatis came to the room, told him “I think we
have a problem, ” and asked him to come outside.
See ECF No. 117-2, PageID # 716; see also
Defendants' Motion, Exhibit Q, ECF No. 111-17, PageID #
522. Miles saw Griego and Sanchez in the kitchen with
handguns at their waists. See ECF No. 117-2, PageID
#s 716-17; see also ECF No. 111-17, PageID #s
522-23. Miles allegedly told Officer Yazaki that he felt
threatened because he himself was not armed, although neither
Griego nor Sanchez drew any weapon. See ECF No.
117-2, PageID # 522. Miles said that Griego and Sanchez left
the house after Maniatis asked them to leave. See
id.; see also ECF No. 111-17, PageID # 523.
interviewing these witnesses at Maniatis's house,
Officers Yazaki and Nagata returned to the police station in
Kihei, Maui. See ECF No. 117-2, PageID # 717; ECF
No. 111-5, PageID # 471; ECF No. 111-19, PageID # 527.
Officer Yazaki telephoned Matson to ask whether he had called
Griego on July 13, 2013, to tell him that he and Sanchez were
no longer welcome at Maniatis's house. See ECF
No. 111-5, PageID # 471; Defendants' Motion, Exhibit JJ,
ECF No. 111-36, PageID # 589. According to Officer Yazaki,
Matson confirmed that he had called Griego on that day and
had told Griego that he and Sanchez were no longer welcome
and should not return to the house. See ECF No.
111-5, PageID # 471; ECF No. 111-36, PageID # 589. Matson
allegedly told Officer Yazaki that Griego agreed to stay
away. See ECF No. 111-5, PageID # 471; ECF No.
111-36, PageID # 589.
Yazaki and Nagata discussed what they had learned with
Sergeant Won and Officer Miyashiro. See ECF No.
111-5, PageID # 471; ECF No. 111-19, PageID # 527; ECF No.
111-6, PageID # 478. Officer Yazaki believed the officers had
probable cause to arrest Griego and Sanchez for Burglary in
the First Degree, Terroristic Threatening in the Second
Degree, and possible firearm violations. See ECF No.
111-5, PageID # 471. Based on the information on hand,
Sergeant Won believed the officers had probable cause to
arrest Griego and Sanchez for only Burglary in the First
Degree under Haw. Rev. Stat. § 708-810. See ECF
No. 111-6, PageID # 479.
Won instructed Officer Yazaki to arrest Griego and Officer
Miyashiro to arrest Sanchez for Burglary in the First Degree.
See ECF No. 111-5, PageID # 471; ECF No. 111-20,
PageID # 529-30. Sergeant Won assigned a third officer,
Officer Ornellas, to be present for officer safety when the
arrests were made because Griego and Sanchez allegedly had
weapons. See id.; ECF No. 111-44, PageID # 633.
Arrest and Search at Hotel.
Yazaki, Miyashiro, and Ornellas went to Makena Beach and Golf
Resort to arrest Griego and Sanchez on the evening of July
14, 2013. See ECF No. 111-5, PageID #s 471-72; ECF
No. 111-20, PageID #s 529-30; ECF No. 111-44, PageID # 633. A
hotel security officer and an assistant hotel manager met the
officers in the lobby and took them to Griego's and
Sanchez's rooms. See Defendants' Motion
Exhibit U, ECF No. 111-21, PageID # 534; Exhibit V, ECF No.
111-22, PageID # 536. These hotel employees watched what
happened and were there when the rooms were searched.
See ECF No. 111-21, PageID # 534-35; ECF No. 111-22,
PageID # 536-38.
to the officers, at around 10:13 p.m., Officer Yazaki knocked
on Griego's door. See ECF No. 111-5, PageID #
471-72. Once Griego came to the door, Officer Yazaki
explained that he was investigating allegations of Burglary
in the First Degree and possible firearms violations. See
id., PageID # 472. Officer Yazaki says he read Griego
his Miranda rights, and Griego agreed to provide a
statement. See id.
Yazaki says he asked Griego if he had any weapons, and Griego
told him that he did. See Id. Officer Yazaki says
that he asked Griego for permission to search for any guns,
and that Griego orally consented, telling Officer Yazaki he
had three handguns in a backpack on the hotel room floor and
allegedly giving Officer Yazaki permission to open the
backpack and to remove any ammunition from the guns. See
Id. Three firearms, magazine clips, and a backpack were
taken as evidence. See Defendants' Motion,
Exhibit EE, ECF No. 111-31, PageID # 580. None of the guns
was registered in Hawaii.
Yazaki then arrested Griego for Burglary in the First Degree.
See ECF No. 111-5, PageID # 472. Officer Yazaki says
he handcuffed Griego with his hands in front of his body.
See Id. Officer Yazaki says he did not search
anywhere else in the room. See id.
the same time, at about 10:13 p.m., Officers Miyashiro and
Ornellas went to Sanchez's hotel room. See ECF
No. 111-20, PageID # 530. According to Officer Miyashiro, he
told Sanchez that he was under arrest for Burglary in the
First Degree. See Id. The officers say that they
asked Sanchez if he had any guns, and Sanchez orally
consented to their search for guns. See ECF No.
111-44, PageID # 633. According to Officer Ornellas, because
Officer Yazaki had already found weapons in Griego's room
next door, the officers quickly ended their search in
Sanchez's room. See Id. Officer Miyashiro then
arrested Sanchez. See id.
and Sanchez have a different recollection of what occurred
when the officers arrived at their hotel rooms. Griego says
that, when his wife opened the door, one of the police
officers asked for “Chief Griego.” See
ECF No. 117-9, PageID # 738. Griego says he showed his police
credentials and asked, “Yes, is there something
wrong?” See id. Griego says he was immediately
turned around, handcuffed behind his back, and arrested.
See id. He recalls asking what was going on and
being told he was under arrest. See Id. According to
Griego, an officer asked him if he knew David Maniatis, and
he replied, “I work for him.” See Id.
Griego explains that, by this point, Officer Yazaki and hotel
security guards had entered his hotel room and were searching
his bags, even though he had not consented to entry or a
search. See Id. He says he asked why they were
searching his bags and whether they had a search warrant.
See id. Someone allegedly responded, “We
don't need a search warrant.” See id.
says that, between asking what was going on and whether the
officers had a search warrant, he asked, “Are you guys
real cops?” See ECF No. 117-12, PageID # 758.
Griego says he was then “face-planted” into a
wall. See id. He says the
“face-planting” consisted of being shoved
“up against the back of the room” and “into
the wall” while his hands were behind him and that this
“hurt when it happened.” See Id. He
recalls being asked whether he had any guns and responding
that his guns were in a green duffle bag. See ECF
No. 117-9, PageID # 738. He says that he did not tell the
officers that they could open and search his bag, but they
did so. See id.
recalls that one of the officers pulled the guns out of his
bag, and another officer asked him, “How do you take
this out of the holster?” See Id. Griego says
he helped undo the holster even though his hands were cuffed
behind him, and the officer took the guns and backpack.
See Id. According to Griego, he repeatedly asked
what was going on and was told to “shut up” or to
be quiet. See Id. He says he asked if he was being
arrested or detained and for what and was told, “You
are under arrest.” See id.
to Sanchez, Officer Miyashiro and several other men in
uniforms arrived at his hotel room. See ECF No.
117-10, PageID # 748. They asked if he knew David Maniatis,
and he told them he provided security for him. See
Id. Sanchez says that the officers asked if Sanchez had
any guns on him, then grabbed his arms and asked him to turn
around. See Id. Sanchez says he told the officers he
had a knife but no guns. See Id. Sanchez recalls
that the officers also asked for permission to search his
room. See id., PageID # 748. Sanchez says he asked
if he was being detained and if they had a search warrant and
was told, “We don't need one.” See
Id. Sanchez says his room was searched, and nothing was
found. See Id. According to Sanchez, he waited in
the hallway outside his hotel room while the officers opened
drawers and suitcases and went through his belongings.
See ECF No. 117-13, PageID # 770. Sanchez says that,
before leaving the hotel, he told the officers that he had a
thirteen-year-old son at the hotel pool. See ECF No.
117-10, PageID # 748. The officers allegedly told him not to
worry about his son. See id.
Processing at Kihei Police Substation.
arresting Griego and Sanchez at the hotel, Officers Yazaki
and Miyashiro took them to the Kihei police substation in
separate cars. See ECF No. 111-5, PageID # 473; ECF
No. 111-20, PageID # 530. Griego says that he had asked the
arresting officer to cuff him in the front of his body
because he was a disabled veteran with back injuries, but the
officer refused to do that. See ECF No. 117-9,
PageID # 739. Griego alleges that, although he complained
that his handcuffs were too tight, the officers did nothing
in response. See Id. Once the car arrived at the
police station, Griego allegedly asked Officer Yazaki to let
him out of the car so that he could stretch his back. See
Id. Griego says he was suffering back spasms, which
worsened while he was waiting in the back seat of the car.
See Id. Officer Yazaki allegedly refused
Griego's requests until he “became concerned”
about Griego's condition. See Id. Officer Yazaki
disputes that Griego complained about any pain and reports
that the car ride “went without incident.”
See ECF No. 111-5, PageID # 473.
says that during the car ride he was mocked by being asked,
“So how does it feel to be a police chief in
handcuffs?” See ECF No. 117-12, PageID # 759.
Griego alleges that the mocking continued at the police
station. See id.
says that the arresting officer did not put Sanchez's
seatbelt on, so Sanchez slid around on the car's slick,
plastic seats during the ride to the police station.
See ECF No. 117-10, PageID # 749. He recalls telling
the officer that he was a “disabled combat wounded vet,
” asking to be cuffed in front of his body, and telling
the officer that his handcuffs were too tight. Id.
Sanchez says that his requests were ignored and that he was
insulted by being told he was “too stupid to be in the
military.” See Id. Sanchez says that during
the car ride he was further taunted by being asked how many
times he had been arrested and by being told that he had
“messed with the wrong people.” See id.
Miyashiro does not recall exactly what was said during the
car ride, but he says that he was polite to Sanchez.
See ECF No. 111-20, PageID # 530. Officer Miyashiro
says that Sanchez did not complain about any pain or about
his handcuffs being too tight. See Id. He recalls
double-locking Sanchez's handcuffs to prevent the
handcuffs from tightening around his wrists. See id.
officers say that Griego and Sanchez were processed in a
routine manner. See Defendants' Motion, Exhibit
A, ECF No. 111-1, PageID #s 451-53. Griego and Sanchez
allegedly sat on a bench while being processed. See
id., PageID #s 451-52. After processing, Sanchez was put
in a cell, but Griego allegedly stayed seated on a bench and
was not put in any cell. See id., PageID # 452. The
officers and a Public Safety Aide noted in the Inmate Logs
that they made regular checks on Griego and Sanchez. See
id., PageID #s 451-52.
Griego says that he was placed in the same cell as Sanchez
for about a minute. See ECF No. 117-9, PageID # 739.
The cell allegedly had urine, feces, and vomit on the floor.
See id.; ECF No. 117-10, PageID # 749. Sanchez says
he pointed out the cell's conditions to an officer, who
then made him leave the cell, take off his shoes and socks,
then go back into the cell. See ECF No. 117-10,
PageID # 749. Sanchez recalls asking for a towel or something
to stand on while in the cell and being handed a paper tissue
while being told, “Here crybaby stand on this.”
See Id. Griego says he saw that Sanchez was standing
barefoot in the cell when he was placed in the cell with him.
See ECF No. 117-9, PageID # 739. The officers deny
that the floor of the cell had feces, urine, or vomit.
See ECF No. 111-20, PageID # 533; ECF No. 111-6,
PageID # 481.
Yazaki and Miyashiro say they used Maui Police Department
Form 103 to advise Griego and Sanchez of their
Miranda rights at the police station. See
ECF No. 111-5, PageID # 474; ECF No. 111-20, PageID # 532;
see also Defendants' Motion, Exhibit KK, ECF No.
111-37, PageID # 590; Exhibit LL, ECF No. 111-38, PageID #
591. Griego agreed to make a statement by signing and dating
the form. See ECF No. 111-5, PageID # 474; ECF No.
111-37, PageID # 590. Sanchez allegedly signed and initially
declined to waive his rights. See ECF No. 111-20,
PageID # 532. Sanchez says he asked about his son again but
was told not to worry about him and that his refusal to make
a statement to the officers was “only delaying all
this.” See ECF No. 117-10, PageID # 749. About
ten minutes later, he agreed to make a statement and waived
his rights. See ECF No. 111-20, PageID # 532.
Officers Yazaki and Miyashiro say that they treated Griego
and Sanchez with respect and that, knowing that Griego and
Sanchez were law enforcement officers, officers and staff
avoided making any derogatory comment to them. See
ECF No. 111-5, PageID # 475; ECF No. 111-20, PageID # 532-33.
Won contacted a detective in the Criminal Investigation
Division to inform him of the case and to see whether bail
should be set or whether Griego and Sanchez should be
released pending the investigation. See ECF No.
111-6, PageID # 481. The detective told Sergeant Won that
they should be released pending the investigation. See
Id. Officer Yazaki then walked them out the back door
and told Griego and Sanchez how to get to the front of the
station. See id.; see also Defendants'
Motion, Exhibit P, ECF No. 111-16, PageID #s 520-21.
Aftermath of Arrests.
to Griego, after he and Sanchez were released and picked up
by Griego's wife, they changed their flights to leave
Maui earlier. See ECF No. 117-9, PageID # 740. At
about 9 a.m. on the day of their departure, Detective Myrna
Sabas-Ryder met them at the airport to verify that they were
law enforcement officers. See Id. Griego said that
the detective took photos of their credentials and told them
“it was all a big misunderstanding.” See
Id. Griego says he asked her if he could get his guns,
and she told him that they could not yet be returned to him.
returning to New Mexico, Griego retired from the Cuba Police
Department in August 2013. See Id. Griego explains
that trespassing charges were filed in Hawaii against him and
Sanchez but were eventually dropped. See Id.
However, he says the process of expunging their records
caused him and Sanchez “a lot of problems and lost
opportunities.” See id.
to Sanchez, he left Maui at the same time as Griego and his
family, and the same detective asked to verify his
credentials. See ECF No. 117-10, PageID #s 749-50.
He states that, around October 26, 2013, he lost his training
contract with the Army. See Id. Sanchez also alleges
that Maui Police Department employees
“stonewalled” him when he later contacted them
about the status of his case. See id.
STANDARD OF REVIEW.
judgment shall be granted when “the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a) (2010). See Addisu v. Fred Meyer,
Inc., 198 F.3d 1130, 1134 (9th Cir. 2000). A movant must
support his position that a material fact is or is not
genuinely disputed by either “citing to particular
parts of materials in the record, including depositions,
documents, electronically stored information, affidavits or
declarations, stipulations (including those made for the
purposes of the motion only), admissions, interrogatory
answers, or other materials”; or “showing that