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COUNT H <br />(Negligence) <br />30. Plaintiff hereby incorporates the allegations in paragraphs 1 through 23, above. <br />31. Defendants' conduct as alleged herein was at a minimum negligent or grossly <br />negligent and was a substantial factor in causing the wrongful death of Kainoa. <br />32. The Defendants have a duty of reasonable care to prevent harm or injury to others <br />which includes using appropriate tactics, giving appropriate commands, giving warnings, not using <br />force unless necessary and justified, using less than lethal options, avoiding creating unreasonable <br />risks, abiding by HPD policies and local and national use of force standards, and only using deadly <br />force as a last resort. <br />33. Defendants breached their duty of care owed to Kainoa by acting and/or failing to act <br />as alleged herein. <br />34. Defendants' actions and/or failures to act were a substantial factor in causing the <br />damages alleged herein, including the death of Kainoa. <br />35. The negligent and/or reckless actions and omissions of Defendants include, but are <br />not limited to: <br />a. Defendant County's failure to -properly and adequately train police officers, in conflict <br />de-escalation and intervention techniques; <br />b. the Officer Defendants' failure to follow HPD policy by stopping and apprehending a <br />suspect without waiting for uniformed officers to arrive; <br />c. the failure to exercise reasonable care by using excessive force to apprehend Kinoa; <br />d. the failure of Officer Defendants to exercise the procedures in which they were trained <br />with respect to apprehending an individual in a vehicle without creating a danger to <br />themselves and without the use of deadly force; <br />2 <br />