Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brennan v. State

United States District Court, D. Hawaii

July 26, 2017

CHRISTOPHER BRENNAN, Plaintiff,
v.
STATE OF HAWAII; JAMES BRADLEY BLACKBYRD; and DOES 1-10,Defendants.

          ORDER DENYING DEFENDANT JAMES BRADLEY BLACKBYRD’S MOTION TO DISMISS AND GRANTING HIS MOTION TO TRANSFER VENUE (ECF No. 10)

          Helen Gillmor United States District Judge

         Plaintiff Christopher Brennan filed a lawsuit against the State of Hawaii and James Bradley Blackbyrd, a former prison counselor in Arizona. Plaintiff states that he was convicted of drug-related offenses in Hawaii and incarcerated in a private prison located in Arizona. Plaintiff alleges that while he was incarcerated, Defendant Blackbyrd forced him into unwanted sexual encounters during mandatory counseling sessions.

         Defendant Blackbyrd filed a motion to dismiss or, in the alternative, to transfer venue to the District of Arizona.

         Defendant Blackbyrd’s Motion to Dismiss is DENIED.

         Defendant Blackbyrd’s Motion to Transfer Venue is GRANTED.

         PROCEDURAL HISTORY

         On April 10, 2017, Plaintiff Christopher Brennan filed a Complaint. (ECF No. 1).

         On May 5, 2017, Defendant Blackbyrd filed THE DEFENDANT’S ANSWER TO THE COMPLAINT. (ECF No. 7).

         On May 15, 2017, Defendant State of Hawaii signed a Waiver of Service. (ECF No. 15).

         On May 26, 2017, Defendant Blackbyrd filed DEFENDANT JAMES BRADLEY BLACKBYRD’S FIRST AMENDED ANSWER (ECF No. 9) and DEFENDANT JAMES BRADLEY BLACKBYRD’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR CHANGE OF VENUE (ECF No. 10).

         On June 1, 2017, a hearing for Defendant Blackbyrd’s Motion was set for June 30, 2017. (ECF No. 11).

         On June 9, 2017, Plaintiff filed PLAINTIFF’S OPPOSITION TO “DEFENDANT JAMES BRADLEY BLACKBYRD’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A CHANGE OF VENUE.” (ECF No. 13).

         On June 26, 2017 Defendant Blackbyrd filed his reply. (ECF No. 14).

         On June 28, 2017, the Court granted a request from Plaintiff’s Attorney Myles Breiner to continue the hearing date. The hearing was continued to July 6, 2017, at 2:30 PM. (ECF No. 16).

         The morning of July 6, 2017, the Court modified the hearing time from 2:30 PM to 3:00 PM to accommodate Mr. Breiner. (ECF No. 17). At 3:30 PM, Mr. Breiner had not appeared. The Court inquired of Defendant Blackbyrd’s Counsel if he would be agreeable to forego Oral Argument on his motion. Defendant Blackbyrd’s Counsel agreed. (ECF No. 18). The Court took the matter under submission and chose to decide the matter without a hearing pursuant to Local Rule 7.2(d).

         On July 14, 2017, Defendant State of Hawaii filed DEFENDANT STATE OF HAWAII’S MOTION TO DISMISS (ECF No. 19) and DEFENDANT STATE OF HAWAII’S NOTICE OF JOINDER IN DEFENDANT JAMES BRADLEY BLACKBYRD’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR CHANGE OF VENUE (ECF No. 20).

         BACKGROUND

         Plaintiff was arrested in Hawaii on drug-related charges. The Hawaii State Court sentenced Plaintiff to a period of incarceration. The State of Hawaii incarcerated Plaintiff Brennan at the Saguaro Correctional Facility (“Saguaro”) located in Eloy, Arizona. (Complaint at p. 2, ECF No. 1).

         Plaintiff alleges Defendant Blackbyrd worked as a counselor at Saguaro. Plaintiff alleges that he was required to attend counseling while incarcerated. (Id. at p. 4). Plaintiff claims Defendant Blackbyrd told him during a private counseling session that he had to cooperate or Plaintiff would end up in solitary confinement. (Id. at p. 5). Plaintiff alleges that Defendant Blackbyrd coerced him into sexual acts on four separate occasions. (Id. at pp. 5-6).

         Plaintiff filed the complaint against the State of Hawaii and Blackbyrd in the United States District Court for the District of Hawaii.

         Defendant Blackbyrd moves for dismissal, or, in the alternative, for a change of venue to Arizona. (ECF No. 10).

         The State of Hawaii moves for dismissal (ECF No. 19) and moves to join ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.