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y J <br />21. Defendant County has ratified and approved of the acts and omissions of Defendants <br />Gaspar and Taniyama alleged herein by failing and refusing to initiate any investigation, disciplinary, <br />or corrective actions arising from the shooting death of Kainoa <br />22. As a direct and proximate result of the foregoing actions and/or inaction, Plaintiffs <br />have incurred costs and expenses in amounts to be proven at trial. <br />23. As a direct and proximate result of the foregoing Plaintiffs and the members of <br />Plaintiff's extended family have suffered great mental anguish, suffering, pain, loss of affection, and <br />anger as a result of the police killing of Kainoa. <br />COUNT <br />(Wrongful Death — HRS § 663-3) <br />24. Plaintiffs hereby incorporate the allegations in paragraphs 1 through 23, above. <br />25. At all times pertinent hereto Defendants Gaspar, Taniyama, and the Doe Defendants <br />were acting herein within the course and scope of their employment with HPD in behalf of Defendant <br />County of Hawaii. <br />26. Kainoa's death was a direct and proximate result of the Defendants' negligent acts, <br />omissions, nonfeasance, malfeasance, failure to train, and/or failure to take the necessary and <br />appropriate actions to prevent the death of Kainoa as described herein. <br />27. As a result of Defendants' wrongful acts, Kainoa suffered severe mental anguish, pain, <br />fear, loss of earning capacity, loss of enjoyment of life, and ultimately death. <br />28. As a result of Defendants' wrongful acts, Plaintiffs have been deprived of the life-long <br />care, affection, and companionship of their son and will continue to be so deprived for the remainder <br />of their lives. <br />29. Defendants are jointly and severally liable for the wrongful death of Kainoa, and <br />Defendant County is liable under the doctrine of respondeat superior, inter alia. <br />5 <br />Pg5 <br />