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2012-06-29_Scott_Andrews_Claudia_Rohr_v_County_of_Hawaii_Order_Granting_Defendants'_Motion_to_Dismiss
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2012-06-29_Scott_Andrews_Claudia_Rohr_v_County_of_Hawaii_Order_Granting_Defendants'_Motion_to_Dismiss
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9/18/2012 10:17:14 AM
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Case 1:10-cv-00749-DAE-KSC Document 78 Filed 06/29/12 Page 14 of 31 PagelD #: <br /> 600 <br /> fraudulent concealment statute and the doctrine of equitable estoppel bar <br /> Defendants from asserting the statute of limitations as a defense. (SAC ¶¶ 85-89.) <br /> Plaintiffs assert in the SAC that they "suspected that they had a <br /> Section 1983 claim and diligently tried to discover information about their claim <br /> and were stonewalled by Defendants HAWAII COUNTY's and Mahuna's <br /> suppression of the police records." (SAC ¶ 85.) Plaintiffs also assert that <br /> Defendants Makua, Ruffolo, Fuiava, Itliong, Miller and others "fraudulently <br /> concealed and covered up the basic facts of Plaintiffs' Section 1983 claim." (Id. <br /> ¶ 87.) According to Plaintiffs, these Defendants "fraudulently, unconstitutionally <br /> concealed exculpatory information from the probable cause analysis using an <br /> investigative handoff procedure in violation of the Fourth Amendment, and the <br /> fraudulent, unlawful procedure also served to fraudulently conceal personal <br /> liability for Plaintiffs[`] Section 1983 claims." (Id.) <br /> Plaintiffs further allege that they were "affirmatively misled by <br /> misstatements, intended to cover-up unlawful motive and personal liability for the <br /> arrest and detention . . . as to what actually happened and who was responsible" for <br /> Andrews' arrest. (Id.) Finally, Plaintiffs claim that it was impossible to develop <br /> their case further without police records. <br /> Defendants argue that none of the causes of action pled in the SAC <br /> 14 <br />
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