2008-10-01_Jack_Thomas_v_COH_-_Order_Granting_Defendants_Motion_for_Summary_Judgment_and_Remanding_State_Law_Claims

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Case 1:07-cv-00251-JMS-LEK Document 52 Filed 10/01/2008 Page 4 of 17 Despite Plaintiff providing Kimura information showing that the TRO against him was dismissed, on January 26, 2005, the State of Hawaii filed a criminal charge, signed by Malate, alleging that: On or about the 26th day of March, 2004, in South Hilo, County and State of Hawaii, JACK THOMAS did knowingly or intentionally violate a restraining order or injunction issued pursuant to section 603-10.5, Hawaii Revised Statutes, by going to MALCOLM CHUNG's place of employment, thereby committing the offense of Violation of A Restraining Order Against Harassment, in violation of Section 604-10.5, Hawaii Revised Statutes, as amended. Defs.' Ex. 4. The Complaint listed Plaintiff's address, Social Security number, and date of birth. Id. In deciding to charge Plaintiff with this offense, Malate reviewed the TRO and police reports, which included interviews of witnesses and Plaintiff, and which indicated that witnesses saw Plaintiff go to Chung's place of employment during a time when Chung's TRO was in effect.3 Malate Decl. 11 4-7. To file a Z(...continued) probably two occasions." Pl.'s Opp'n 8. The court does not consider this assertion because the exhibit cited by Plaintiff's Opposition does not support this proposition or even contain the pages referenced. Even if the court did consider this fact, however, it would not alter the court's conclusion below that Kimura and Malate are entitled to absolute immunity. s Plaintiff suggests that the case file also included information he provided to Defendants showing that the civil action concerning Chung's TRO was dismissed, and asserts that he provided Malate "extensive documentation proving that the case had already been adjudicated in Plaintiff's favor." Pl.'s Ex. 19(c),11 16(a), 19(a). The evidence presented and cited in Plaintiff's Declaration, Exhibit 19(c), however, shows that prior to the criminal charge, Plaintiff provided (continued...) 4