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Griego v. County of Maui

United States District Court, D. Hawaii

March 29, 2017

JASON GRIEGO and JAMES SANCHEZ, Plaintiffs,
v.
COUNTY OF MAUI; ANSELM YAZAKI; ALY MIYASHIRO; MYLES S. WON; DOE OFFICERS 2-15, Defendants.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

          SUSAN OKI MOLLWAY, United States District Judge

         I. INTRODUCTION.

         Before 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, and negligence.

         This 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 guns.[1]

         Summary 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 training/supervision/discipline claim.

         With 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 claims.

         Finally, 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 order.

         II.BACKGROUND.[2]

         David 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.

         A. Events Leading Up to Arrests on July 14, 2013.

         Griego 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.

         According 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.

         Griego 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.

         B. Incident at Maniatis's House on July 14, 2013.

         There are varying accounts of what happened at Maniatis's home on July 14, 2013.

         According 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.

         After 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.

         Officers 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.

         In 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.

         Defendants' 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.

         At the 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.

         From 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.

         Maniatis 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. See id.

         Officer 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.

         Defendants' Motion, Exhibit GG, ECF No. 111-33, PageID # 582.

         Officer 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.

         After 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.

         After 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.

         Officers 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.

         Sergeant 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.

         C. Arrest and Search at Hotel.

         Officers 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.

         According 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.

         Officer 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.

         Officer 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.

         Around 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.

         Griego 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.

         Griego 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.

         Griego 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.

         According 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.

         D. Processing at Kihei Police Substation.

         After 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.

         Griego 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.

         Sanchez 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.

         Officer 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.

         The 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.

         However, 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.

         Officers 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.

         Sergeant 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.

         E. Aftermath of Arrests.

         According 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. See id.

         Upon 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.

         According 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.

         III. STANDARD OF REVIEW.

         Summary 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 the ...


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