COM 0564.002 1996-1998 - Laserfiche WebLink

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GENERAL ALLEGATIONS AND CONSTRUCTION OF AMENDED COMPLAINT 10. Until it will appear by discovery or during trial that such is not the case, the individual defendants, above named, are alleged to have been acting within the course and/or scope of their employment at all times relevant herein. They were also acting under the color of their elected, appointed, assigned or otherwise acquired authorities and under the color of federal, state and county law, as well as applicable rules of procedure, including the "General Orders" of the Hawaii County Police Department. These orders are simply rules of procedure of the Hawaii County Police Department adopted and/or authored by the chief of police. 11. The known defendants, and each of them, singly or jointly, were in some manner, presently not fully known to Plaintiff, engaged in the activities alleged herein and were in some manner responsible or liable to Plaintiff for actions and violations of law and rules alleged herein, whether in their individual capacities or as agents, servants or employees of other defendants herein, whether privately, or in their mentioned capaci- ties, including "respondeat superior" responsibilities. 12. These paragraphs 1 through 12 are included by reference in and made part of this Amended Complaint, as well as every document that follows hereafter. And every count or paragraph by and of itself shall be deemed to be part of every other count or paragraph of this Amended Complaint which is meant to be a fully integrated complaint. Its division in counts and paragraphs is only to facilitate legibility, comprehension and referencing of the averred activities, non-actions where actions were clearly indicated, and/or violations of law or rules and oath of office, as well as the Constitutions of the United States and the State of Hawaii and the Hawaii County Charter, herein alleged. INTRODUCTION OF FACTS LEADING UP TO ALLEGATIONS 13. On 14 September 1995 Plaintiff Ross, on the way from his home in Kapaau to Hilo where he needed to do research in the Law Library for anext-day hearing in Hilo Circuit Court (for an unrelated case) stopped off at the KTA supermarket in Kamuela at 8:15AM, to buy some coughdrops to facilitate his speaking in court. He often bought coughdrops in that store. Finding that the coughdrops were on sale he took some to a female cashier, later known to him as Beau Schutte. That was a few minutes later, 3