United States District Court, D. Hawaii
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT
COUNTY OF MAUI'S MOTION TO DISMISS AND DENYING RELATED
MOTION TO STRIKE
DERRICK K. WATSON UNITED STATES DISTRICT JUDGE
County of Maui seeks dismissal of Hall's state law false
arrest claim in light of Hall's admitted failure to file
a timely pre-suit notice of the claim with the Maui County
Clerk, as required by Hawaii Revised Statute
(“HRS”) §46-76 and Maui County Charter
(“MCC”) §13-6. Because the County correctly
identifies Hall's burden, as well as Hall's failure
to carry that burden within the requisite two-year period set
forth in HRS §46-76, the Court GRANTS the Motion to
Dismiss count seven. Dismissal, however, is only appropriate
as to the County because HRS §46-76 does not apply to
claims against individuals. The Motion to Dismiss is
therefore DENIED to the extent brought on behalf of Carlson.
The County's related Motion to Strike redundant and
irrelevant sections of the Complaint is also DENIED for
failure to show any prejudice, as described below.
Complaint alleges that on June 4, 2016, he and his family
were peacefully expressing a religious message in Maui's
Banyan Tree Park. Compl. ¶¶ 51-55, Dkt No. 1.
Following complaints from other park visitors, Officer
Carlson of the Maui Police Department arrested Hall. Compl.
¶ 55. In Hall's Complaint and in his Opposition,
Hall alleges that the County prosecutor dismissed the charges
against him on June 30, 2016. Compl. ¶ 64; Opp at 2.
asserts the following federal claims under Title 42, United
State Code, Section 1983, against the County of Maui, Officer
Carlson in his individual capacity, and five unidentified
1. Violation of the First Amendment Free Speech Clause;
2. Violation of the First Amendment Free Exercise Clause;
3. Policies in violation of the First Amendment;
4. Failure to train and supervise resulting in violation of
the First Amendment Free Speech Clause;
5. Failure to train and supervise resulting in violation of
the First Amendment Free Exercise Clause; and
6. Violation of Fourth Amendment Due Process Clause
also asserts a single state-law claim, count seven, for False
Arrest under Hawaii Tort Law against both the County and
Officer Carlson, in his individual capacity.
filed his Complaint (Dkt No. 1) on June 4, 2018 and served it
on the County's corporation counsel on June 15, 2018.
See Decl. of Counsel ¶ 5. It is undisputed that
before doing so, Hall did not serve a pre-suit notice on the
Maui County Clerk, nor has he done so since.
County moves to dismiss count seven, the false arrest claim
against both the County and Officer Carlson in his individual
capacity, due to Hall's failure to comply with the notice
of claim requirements in HRS §46-72 and the MCC
§13-6.Motion at 5-6. The County also moves to