United States District Court, D. Hawaii
ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON
THE PLEADINGS AND DENYING PLAINTIFF'S MOTION TO COMPEL AS
Oki Mollway United States District Judge
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.
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.
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.
relevant to Raquinio's claims before this court is the
state criminal case against Raquinio, State v. Noe
Raquinio, 3PCP-17-0000617. 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
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.
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
B. Enter an order declaring Defendant Segobia['s] conduct
C. Award Plaintiff compensatory and punitive damages against
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.
February 7, 2019, Defendants filed its Motion for Judgment on
the Pleadings. ECF No. 73. On February 21, 2019, ...