2012-06-29_Scott_Andrews_Claudia_Rohr_v_County_of_Hawaii_Order_Granting_Defendants'_Motion_to_Dismiss

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Case 1:10-cv-00749-DAE-KSC Document 78 Filed 06/29/12 Page 7 of 31 PagelD #: 593 to show that they are entitled to equitable tolling or that equitable estoppel applies to toll the statute of limitations for Plaintiffs' § 1983 claims. (Id. at 11-16.) The Court also determined that the FAC failed to satisfy the basic pleading standards under Federal Rule of Civil Procedure 8 (id. at 16-18), and that Rohr lacks standing to assert a § 1983 claim based on the alleged false arrest of Andrews (id. at 19). The Court gave Plaintiffs leave to amend. (Id. at 21.) On March 27, 2012, Plaintiffs filed the present Second Amended Complaint ("SAC"). ("SAC," Doc. # 58.) The SAC states the following causes of action: (1) First Cause of Action: "Fourteenth Amendment Right—Special Duty to Provide Medical Care to Detainees and Negligence Under State Law Claim" (Id. ¶¶ 90-93.) Plaintiffs allege that Defendants Makua, Thomas, and Mahuna are liable for Andrews' medical injuries resulting from his arrest and detention. Plaintiffs allege that Thomas and Mahuna are liable for failure to supervise and failure to promulgate effective policies in this regard, and that Hawaii County was negligent in its "Special Duty to provide medical care" and is liable under § 1983 because inadequate policies and procedures and a lack of training and supervision resulted in Andrews' injuries. 7