Laserfiche WebLink
36. Defendants failed to use care that a reasonable person would use to avoid injury to <br />Kainoa, and Kainoa's death was the foreseeable consequence of the Officer Defendants' unjustified <br />resort to using deadly force. <br />37. The negligent acts and omissions as described herein of each Defendant were a <br />substantial cause in the death of Kainoa, thus Defendants are jointly and severally liable for the <br />damages alleged herein. <br />38. Defendant County is vicariously liable under the doctrine of respondeat superior. <br />COUNT III <br />(Assault and Battery) <br />39. Plaintiffs hereby incorporate' the allegations in paragraphs 1 through 23, above. <br />40. The conduct of Defendants Gaspar and Taniyama as alleged herein constituted the <br />torts of assault and battery, and caused the death of Kainoa. <br />41. Defendants Gaspar and Taniyama acted herein knowingly, deliberately, intentionally, <br />and maliciously, when they unlawfully resorted to the use of excessive and deadly force without <br />justification, shooting Kainoa and causing his death. <br />WHEREFORE Plaintiffs pray for relief as follows: <br />a. That judgment be entered in Plaintiffs' favor on each count of the Complaint; <br />b. That Plaintiffs be awarded general and special damages against Defendants in <br />amounts to be proven at trial; <br />c. That Plaintiffs be awarded punitive damages against Defendants Gaspar, <br />Taniyama, and certain of the Doe defendants in their individual capacities; <br />d. For reimbursement of Plaintiffs' costs and expenses herein, including reasonable <br />provision for attorneys' fees as permitted by law; <br />e. For an award of pre and post judgment interest; <br />7 <br />Pg7 <br />