2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 3 of 24 24, 2005, and the State filed a motion to dismiss Cole's Amended Complaint on August 1, 2005. The court heard arguments on these motions on August 15, 2005. On August 16, 2005, the court denied the County's motion to strike, granted the Defendants' motions to dismiss the claims for relief set forth in Cole's pleadings, and granted Cole leave to amend his Complaint. Cole filed his Second Amended Complaint on September 27, 2005. The County and State filed motions to dismiss Cole's Second Amended Complaint on October 7 and 11, 2005, respectively. The court heard arguments on the motions on January 9, 2006. Cole and Katherine Garson, Deputy Corporation Counsel for the County, were granted leave of court to appear for this hearing via telephone. After reviewing the moving papers, the supporting and opposing memoranda, and the arguments of counsel and Cole, the court GRANTS the Defendants' motions. III. DISCUSSION A. The court will construe Cole's pleadings liberally Cole is appearing pro se; consequently, this court will liberally construe Cole's pleadings. Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987) ("The Supreme Court has instructed the federal courts to liberally construe the 3