United States District Court, D. Hawaii
ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND
SECOND REQUEST TO PROCEED IN FORMA PAUPERIS
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”). 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.
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.
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.
second request to proceed IFP is DISMISSED as moot. Service
of the FAC as limited below will be directed by separate
commenced this action on February 26, 2018, while he was
incarcerated at OCCC. See ECF Nos. 1 (original
Complaint); and 2 (IFP application).
February 28, 2018, the Court granted Jaentsch's first
request to proceed IFP. ECF No. 4.
about March 9, 2018, Jaentsch was released from custody.
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”).
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.
April 30, 2018, Jaentsch filed a Notice of Change of Address.
ECF No. 7.
7, 2018, Jaentsch submitted a second request to proceed IFP.
ECF No. 8.
17, 2018, Jaentsch filed the FAC and a second Notice of
Change of Address. ECF Nos. 9, 10.
Claims in 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.
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.
seeks compensatory and punitive damages and any injunctive