2008-10-01_Jack_Thomas_v_COH_-_Order_Granting_Defendants_Motion_for_Summary_Judgment_and_Remanding_State_Law_Claims

Home

Case 1:07-cv-00251-JMS-LEK Document 52 Filed 10/01/2008 Page 6 of 17 B. Procedural Background On April 12, 2007, Plaintiff filed his Complaint in the State of Hawaii Circuit Court of the Third Circuit, alleging claims pursuant to 42 U.S.C. § 1983 for violation of Plaintiff's First, Fourth, Fifth, Eighth, Ninth, and Fourteenth Amendment rights, and state law claims of malicious prosecution and abuse of process. On May 15, 2007, Defendants removed the case to this court. On October 9, 2007, Defendants moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and to dismiss for failure to state a claim under Rule 12(b)(6) on the basis that they have no liability under 42 U.S.C. § 1983 because both Kimura and Malate have absolute immunity for their actions taken in this case. On December 10, 2007, the court denied Defendants' Motion without prejudice so that the parties could present a fuller record to allow the court to rule on Defendants' claims of absolute immunity. On August 13, 2008, Defendants filed the present Motion for Summary Judgment. On September 11, 2008, Plaintiff filed his Opposition,s and Defendants filed their Reply on September 22, 2008. A hearing was held on September 29, 2008. 5 The court struck Plaintiff's Concise State of Facts filed on September 11, 2008 for failure to comply with Local Rules. Plaintiff filed an Amended Concise Statement on September 16, 2008. 6