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Raquinio v. City of Kailua Kona

United States District Court, D. Hawaii

March 21, 2019

NOE KIM RAQUINIO, Plaintiff,
v.
CITY OF KAILUA KONA, HAWAII POLICE DEPARTMENT, DETECTIVE JEREMY LEWIS, K9 HANDLER EDWARD LEWIS, OFFICER MARCO SEGOBIA, and OFFICER KYLE HIRAYAMA, Defendants.

          ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYING PLAINTIFF'S MOTION TO COMPEL AS MOOT

          Susan Oki Mollway United States District Judge

         I. INTRODUCTION.

         Plaintiff Noe Kim Raquinio, pro se, has asserted claims of illegal search and seizure and false arrest under 42 U.S.C. § 1983 against Defendants City of Kailua Kona, Hawaii Police Department, Detective Jeremy Lewis, K9 Handler Edward Lewis, Officer Marco Segobia, and Officer Kyle Hirayama. Raquinio's claims arise out of a traffic stop that led to his arrest and conviction for Promoting a Dangerous Drug in the Second Degree in state court.

         Before the court are two motions: Defendants' Motion for Judgment on the Pleadings, and Raquinio's Motion to Compel Defendants to Produce Initial Disclosures (“Motion to Compel”). ECF Nos. 73, 82.

         The court concludes that Raquinio's claims for damages are barred under Heck v. Humphrey, 512 U.S. 477 (1994), because a judgment in his favor would necessarily imply the invalidity of his conviction. Raquinio's remaining claim for prospective injunctive relief is dismissed for failure to state a claim upon which relief can be granted. The court therefore grants Defendants' Motion for Judgment on the Pleadings and denies Raquinio's Motion to Compel as moot.

         II. BACKGROUND.

         Directly relevant to Raquinio's claims before this court is the state criminal case against Raquinio, State v. Noe Raquinio, 3PCP-17-0000617.[1] On January 11, 2017, Raquinio was arrested during a traffic stop in Kona on the Big Island during which Hawaii County Police Department officers found methamphetamine and drug paraphernalia. See ECF No. 73-3. On September 12, 2017, a grand jury issued an indictment charging Raquinio with three counts: (1) Promoting a Dangerous Drug in the First Degree, in violation of section 712-1241(1)(a) of Hawaii Revised Statutes; (2) Promoting a Dangerous Drug in the Third Degree, in violation of section 712-1243(1) of Hawaii Revised Statutes; and (3) Prohibited Acts Related to Drug Paraphernalia, in violation of section 329-43.5 of Hawaii Revised Statutes. Id. Raquinio was represented by counsel in the state court proceedings. On January 5, 2018, he entered a plea of guilty to Promoting a Dangerous Drug in the Second Degree. ECF No. 73-5. On January 19, 2018, Raquinio was sentenced to four years of probation. ECF No. 73-6 (“Judgment of Conviction and Probation Sentence”).

         Raquinio commenced the present federal action on July 9, 2018. ECF No. 1. At this point, Raquinio's Third Amended Complaint (“Complaint”) is the operative complaint. See ECF No. 18; ECF No. 20, PageID # 325. The Complaint asserts claims of illegal search and seizure and false arrest arising out of his arrest on January 11, 2017, but provides very little factual detail. It simply alleges that, on January 11, 2017, Raquinio was driving a car when he was stopped by police. Raquinio alleges that his car was surrounded by plainclothes officers and that he was told to get out of the car. Raquinio says he was then arrested without having broken any traffic or criminal law. See ECF No. 18, PageID #s 315-16.

         The Complaint asserts four claims: (1) “42 U.S.C. § 1983 Against Defendants, Marco Segobia”; (2) “False Imprisonment Against Defendants[, ] Marco Segobia”; (3) “42 U.S.C. § 1983 Against City of Kailua Kona”; and (4) “Respondeat Superior [Against] City of Kailua Kona.” Id. at #s 317-18. Raquinio asks the court to do the following:

A. Enter judgment in favor of Plaintiff and against Defendants;
B. Enter an order declaring Defendant Segobia['s] conduct unconstitutional;
C. Award Plaintiff compensatory and punitive damages against Defendants;
D. Award Plaintiff's reasonable attorneys' fees and costs pursuant to 42 U.S.C. § 1988 and any other applicable provisions of law;
E. Enter a permanent injunction, upon proper motion, requiring Defendant City of Kailua Kona to adopt appropriate policies related to the hiring and supervision of its police officers; and F. Grant [] Plaintiff such other and further relief as may be just and proper under the circumstances, including but not limited to appropriate injunctive relief.
G. To end conviction case [sic] and directly related cases to be stopped and expunged a[nd] sealed permanently.

Id. at 319.

         On February 7, 2019, Defendants filed its Motion for Judgment on the Pleadings.[2] ECF No. 73. On February 21, 2019, ...


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