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.

Jaentsch v. Puha

United States District Court, D. Hawaii

June 1, 2018

KEONI RICHARD JAENTSCH, #A1019833, Plaintiff,
v.
PATTIE-ANN K. PUHA, RAQUEL TAGUCHI, YUMI SUZUKI, Defendants,

          ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND SECOND REQUEST TO PROCEED IN FORMA PAUPERIS

          Helen Gillmor Judge.

         Before the Court is pro se Plaintiff Keoni Jaentsch's first amended complaint (“FAC”) and second request to proceed in forma pauperis (“IFP”). ECF Nos. 8, 10. Jaentsch brings this action pursuant to 42 U.S.C. § 1983 against Defendants Pattie-Ann K. Puha, Raquel Taguchi, and Yumi Suzuki (“Defendants”).[1] Jaentsch alleges that Defendants violated federal and state laws when Puha and Taguchi allegedly entered his home without his consent while he was incarcerated at the Oahu Community Correctional Center (“OCCC”), and Suzuki allegedly authorized Taguchi to do so.

         For the following reasons, Jaentsch's claims against (1) Puha in Count I; (2) Puha and Taguchi under Hawaii's criminal statutes; (3) Taguchi and Suzuki in Counts II and III as alleged under the Fourteenth Amendment; and (4) Taguchi and Suzuki in their official capacities are DISMISSED.

         Jaentsch's claims against Taguchi and Suzuki in their individual capacities in Counts II and III as alleged under the Fourth Amendment state a claim and may be served.

         Jaentsch's second request to proceed IFP is DISMISSED as moot. Service of the FAC as limited below will be directed by separate order.

         I. BACKGROUND

         A. Procedural History

         Jaentsch commenced this action on February 26, 2018, while he was incarcerated at OCCC. See ECF Nos. 1 (original Complaint); and 2 (IFP application).

         On February 28, 2018, the Court granted Jaentsch's first request to proceed IFP. ECF No. 4.

         On or about March 9, 2018, Jaentsch was released from custody.

         On March 23, 2018, the Court issued an Order Dismissing Complaint in Part With Leave Granted to Amend. Order, ECF No. 5 (“March 23, 2018 Order”).

         On April 5, 2018, the March 23, 2018 Order was returned to the court by the U.S. Postal Service as undelivered, with a notation on the envelope that Jaentsch had been released from OCCC. ECF No. 6.

         On April 30, 2018, Jaentsch filed a Notice of Change of Address. ECF No. 7.

         On May 7, 2018, Jaentsch submitted a second request to proceed IFP. ECF No. 8.

         On May 17, 2018, Jaentsch filed the FAC and a second Notice of Change of Address. ECF Nos. 9, 10.

         B. Claims in the FAC

         The FAC is nearly identical to the original Complaint. Jaentsch again alleges that Puha entered his home without his permission several times between April 16 and 20, 2017, while he was detained at OCCC. FAC, ECF No. 10, PageID #89 (Count I). He says that Puha stole items from his property, and he now alleges that she gave Taguchi permission to enter his home on April 19, 2017. Jaentsch claims that Puha's actions violated his rights under the Fourth Amendment and Hawaii Revised Statutes (“HRS”) §§ 708-810, 708-812, 708-813, and 708-814.[2]

         Jaentsch next alleges that CWS Social Worker Taguchi entered his home without his permission on April 19, 2017, albeit allegedly with Puha's permission and CWS Supervisor Suzuki's authorization. See FAC, ECF No. 10, PageID #89 #90-91 (Counts II and III). He claims that Taguchi's entry and Suzuki's authorization for that entry into his home without his permission or a warrant violated his rights under the Fourth and Fourteenth Amendments and HRS §§ 708-811 & 708-814.

         Jaentsch seeks compensatory and punitive damages and any injunctive ...


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.