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 8 of 31 PagelD #: 594 (2) Second Cause of Action: "Retaliation Against Plaintiffs Andrews and Rohr For Exercising First Amendment Rights." (Id. ¶ 94.) Plaintiffs allege that Defendants Ruffolo, Makua, Fuiava, Itliong, Miller and Does 1-25 acted with discriminatory animus against Andrews "in retaliation for exercising his First Amendment right to use a video camera" and acted with discriminatory animus against Rohr "in retaliation for exercising her First Amendment right to complain about officers." Plaintiffs also allege that Defendants Thomas and Mahuna retaliated against Plaintiffs for "bringing the FBI in to investigate a racially based assault." (3) Third Cause of Action: "False Arrest and False Detention" of Andrews in violation of the Fourth, Fifth, Ninth and Fourteenth Amendments. (Id. ¶¶ 95-100.) Plaintiffs assert that Defendants "unconstitutionally concealed exculpatory information from the probable cause analysis." Plaintiffs further allege that Andrews has suffered physical and emotional injuries and that Rohr has suffered a loss of consortium as well as physical and emotional injuries. The SAC also claims that Defendants are equitably estopped from asserting a statute of limitations defense. (SAC ¶¶ 85-89.) On April 10, 2012, Defendants filed the instant Motion to Dismiss. (Doc. # 64.) Plaintiffs did not file a timely Opposition, but on May 24, 2012 filed 8