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Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 27 of 27 <br /> for actions taken with respect to their actions which are intimately associated with <br /> the judicial phase of the criminal process. Each of the acts of Kimura and Malate <br /> complained of are within those acts for which immunity should be found. <br /> In addition, it is doubtful that any violation of the Constitution has in fact <br /> occurred. Plaintiff was not arrested, not taken into custody, not arraigned, not <br /> booked or processed and did not have his freedom of movement restricted in any <br /> way that the constitution deems to be a significant intrusion by state action. <br /> Hence, the Court should grant the County Defendants' Motion for Summary <br /> Judgment dismissing all claims. <br /> Dated: Hilo, Hawaii, August 13, 2008. <br /> COUNTY OF HAWAII, JAY KIMURA <br /> AND JEFFERSON R. MALATE, <br /> Defendants <br /> By: /s/Michael J. Udovic <br /> MICHAEL J. UDOVIC <br /> Deputy Corporation Counsel <br /> Their Attorney <br /> 20 <br />