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Case 1:07-cv-00251-JMS-LEK Document 52 Filed 10/01/2008 Page 1 of 17 <br /> IN THE UNITED STATES DISTRICT COURT <br /> FOR THE DISTRICT OF HAWAII <br /> JACK THOMAS, ) CIVIL NO. 07-00251 JMS/LEK <br /> Plaintiff, ) ORDER GRANTING <br /> DEFENDANTS' MOTION FOR <br /> VS. ) SUMMARY JUDGMENT AND <br /> REMANDING STATE LAW <br /> COUNTY OF HAWAII; JAY ) CLAIMS <br /> KIMURA; JEFFERSON R. ) <br /> MALATE; and DOES 1-100, ) <br /> Defendants. ) <br /> ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY <br /> JUDGMENT AND REMANDING STATE LAW CLAIMS <br /> Plaintiff Jack Thomas ("Plaintiff") alleges that Defendants County of <br /> Hawaii ("County"), Jay Kimura ("Kimura"), and Jefferson R. Malate ("Malate") <br /> (collectively, "Defendants") improperly filed a criminal charge against him for <br /> violating a Temporary Restraining Order ("TRO") that a judge in a civil action had <br /> previously dismissed. Plaintiff currently asserts claims pursuant to 42 U.S.C. <br /> § 1983 for violation of Plaintiff's Fifth and Fourteenth Amendment rights, and <br /> state law claims of malicious prosecution and abuse of process. <br /> Currently before the court is Defendants' Motion for Summary <br /> Judgment on Plaintiff's § 1983 claim, in which they argue that Malate and Kimura <br />