United States District Court, D. Hawaii
ORDER GRANTING FRANCIS SEQUEIRA'S MOTION FOR
SUMMARY JUDGMENT (ECF NO. 13)
Gillmor United States District Judge.
Jacob Johnson claims that in April 2013, a state court judge
sentenced him to a term of imprisonment of five days.
Plaintiff asserts that he was detained for more than four
months and was not released until August 2013, in violation
of the state court judge's order.
Second Amended Complaint alleges federal constitutional
claims pursuant to 42 U.S.C. § 1983 against Defendant
Francis Sequeira, the Warden of Oahu Community Correctional
Center, in his individual capacity.
also alleges state law tort claims against Defendant
Francis Sequeira filed a Motion for Summary Judgment as to
Plaintiff's claims against him.
Sequeira argues that he is not liable for Plaintiff
Johnson's Section 1983 claim because he was not
personally involved in Plaintiff's detention or release.
Sequeira argues that he is entitled to conditional privilege
as to Plaintiff's state law claims against him.
Francis Sequeira's Motion for Summary Judgment (ECF No.
13) is GRANTED.
only remaining claims are Plaintiff's state law tort
claims stated against the Defendant Hawaii Department of
Public Safety and the Defendant State of Hawaii.
case is REMANDED to the Circuit Court of the First Circuit,
State of Hawaii.
20, 2016, Plaintiff filed a Second Amended Complaint in
Hawaii State Court. (Second Amended Complaint attached as Ex.
A to Defendants' Notice of Removal, ECF No. 1-2).
27, 2016, Defendants Department of Public Safety, State of
Hawaii, and Francis Sequeira filed a Notice of Removal in the
United States District Court for the District of Hawaii. (ECF
April 6, 2017, Defendant Francis Sequeria filed DEFENDANT
FRANCIS SEQUEIRA'S MOTION FOR SUMMARY JUDGMENT and
CONCISE STATEMENT MATERIAL FACTS IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT. (ECF Nos. 13, 14).
4, 2017, Plaintiff filed PLAINTIFF'S MEMORANDUM IN
OPPOSITION TO DEFENDANT FRANCIS SEQUERIA'S MOTION FOR
SUMMARY JUDGMENT and CONCISE STATEMENT OF FACTS. (ECF Nos.
18, 2017, Defendant Francis Sequeira filed a REPLY. (ECF No.
8, 2017, the Court held a hearing on Defendant Francis
Sequeira's Motion for Summary Judgment. (ECF No. 23). The
Court GRANTED the Motion. The reasons for
the decision are set forth in this Order.
states in his Declaration that on March 28, 2013, he turned
himself in to his Probation Officer for violating the terms
of his probation set by a Hawaii State Court Judge.
(Declaration of Jacob Johnson (“Johnson Decl.”)
at ¶ 3, attached to Pla.'s Concise Statement of
Facts (“CSF”) in Opposition, ECF No. 17-1).
was taken to Oahu Community Correctional Center to await a
hearing before the Hawaii State Court Judge. (Id. at
April 2, 2013, Plaintiff appeared before Hawaii State Court
Judge Alm. (Id. at ¶ 5). Plaintiff was
sentenced to five days of imprisonment, which was the
equivalent of time served, as he had been incarcerated from
March 28, 2013 to April 2, 2013. (Id.) Judge Alm
ordered Plaintiff to be released. (Id.)
was not immediately released. He was taken back to Oahu
Community Correctional ...