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Case Name R.G. v. Koller JI-HI-0003
Docket / Court 1:05-cv-00566-JMS-LEK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Juvenile Institution
Attorney Organization ACLU Chapters (any)
Case Summary
On September 1, 2005, three LGBT teenagers confined at Hawaii Youth Correctional Facility (HYCF) filed a lawsuit under 42 U.S.C. §1983 against State Department of Human Services and the Office of Youth Services in U.S. District Court of Hawaii, Hawaii Division. The plaintiffs, represented by ... read more >
On September 1, 2005, three LGBT teenagers confined at Hawaii Youth Correctional Facility (HYCF) filed a lawsuit under 42 U.S.C. §1983 against State Department of Human Services and the Office of Youth Services in U.S. District Court of Hawaii, Hawaii Division. The plaintiffs, represented by public interest and private counsel, sought monetary, declaratory and injunctive relief, asserting federal constitutional and state law claims. Specifically, the plaintiffs claimed violations of their Due Process, Establishment, Equal Protection, and access to counsel rights, as well as state law.

The alleged violations consisted of harassment, abuse, discrimination, and isolation because of plaintiffs' actual or perceived LGBT status.

On February 7, 2006, the Court (Judge J. Michael Seabright) granted the plaintiffs' motion for a preliminary injunction as to their Due Process claim and denied their motion for preliminary injunction as to their Establishment Clause and access to counsel claims. The Court did not reach the plaintiffs' Equal Protection claim. Per defendants' request, the Court delayed issuing an injunction to allow HYCF time to finalize a pending agreement with the DOJ.

On March 1, 2006, the Court issued the aforementioned preliminary injunction. This order enjoined defendants from discriminating against, harassing, or abusing LGBT wards in a variety of specified ways. Furthermore, defendants were required to take reasonable steps to protect LGBT wards from such treatment by other wards, including developing policies for adequate staffing and supervision of LGBT wards and a protective classification system. Finally, the injunction also required defendants to develop policies for HYCF personnel regarding their obligation to intervene in discriminatory treatment against LGBT wards, appropriately respond to reports of such treatment by HYCF wards, and appropriately counsel or discipline HYCF employees who violated these provisions.

On March 16, 2006, the Court (Magistrate Judge Leslie Kobayashi) denied plaintiffs' motion for leave to file a second amended complaint to permit maintenance as a class action. On March 21, 2006, the defendants appealed the magistrate judge's decision. This appeal was not resolved before the settlement outlined below.

On September 6, 2006, the Court (Judge J. Michael Seabright) approved the parties' settlement agreement. This agreement included the provisions of the preliminary injunction, requirements regarding defendants' retention of a consultant in furtherance of those provisions, and monetary damages for the plaintiffs.

Timothy Shoffner - 06/01/2012


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Equal Protection
Establishment Clause
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Gender identity
Sexual orientatation
General
Administrative segregation
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Conditions of confinement
Confinement/isolation
Failure to supervise
Failure to train
Gay/lesbian/transgender
Juveniles
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Department of Human Services
Hawaii Youth Correctional Facility
Office of Youth Services
Plaintiff Description Three teenagers who have been confined at the Hawaii Youth Correction Facility and who either identify as or are perceived to be lesbian, gay, bisexual, or transgender
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement None on record
Order Duration 2006 - 2006
Case Closing Year 2006
Case Ongoing No
Docket(s)
1:05-cv-00566-jms-lek (D. Haw.) 09/06/2006
JI-HI-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Reply Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction 11/21/2005
JI-HI-0003-0003.pdf | Detail
Plaintiffs’ Proposed Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Preliminary Injunction 01/03/2006
JI-HI-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Plaintiffs’ Motion for Preliminary Injunction 02/07/2006 (415 F.Supp.2d 1129) (D. Haw.)
JI-HI-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction Order 03/01/2006 (2006 WL 905225) (D. Haw.)
JI-HI-0003-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41 and Order 09/06/2006
JI-HI-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kobayashi, Leslie Emi (D. Haw.) [Magistrate]
JI-HI-0003-9000
Seabright, John Michael (D. Haw.)
JI-HI-0003-0002 | JI-HI-0003-0004 | JI-HI-0003-0005 | JI-HI-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aitken, Ashleigh E. (California)
JI-HI-0003-9000
Alston, Paul (Hawaii)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-9000
Fettig, Derik T. (California)
JI-HI-0003-0001 | JI-HI-0003-9000
Hall, Matthew I. (California)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-9000
Kuo, Mei-Fei (Hawaii)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-9000
Lange, Tamara (California)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-9000
Martin-Culver, Marilyn D. (California)
JI-HI-0003-0003 | JI-HI-0003-9000
Naugle, Natalie (California)
JI-HI-0003-0001 | JI-HI-0003-9000
Padilla, Angela L. (California)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-9000
Perrin, Lois K (Hawaii)
JI-HI-0003-0001 | JI-HI-0003-0003 | JI-HI-0003-0004 | JI-HI-0003-9000
Defendant's Lawyers Aburano, Brian P. (Hawaii)
JI-HI-0003-0004 | JI-HI-0003-9000
Bennett, Mark (Hawaii)
JI-HI-0003-0004
Ferm, Dennis K. (Hawaii)
JI-HI-0003-0004 | JI-HI-0003-9000
Ginoza, Lisa M. (Hawaii)
JI-HI-0003-9000
Goto, Blair A. (Hawaii)
JI-HI-0003-9000
Jones, Hugh R. (Hawaii)
JI-HI-0003-9000
Lum, Cora K. (Hawaii)
JI-HI-0003-0004 | JI-HI-0003-9000
Molay, John F. (Hawaii)
JI-HI-0003-0004 | JI-HI-0003-9000
Moser, Kendall J. (Hawaii)
JI-HI-0003-9000
Rian, Heidi M. (Hawaii)
JI-HI-0003-9000
Schoen, Renee N.C. (Hawaii)
JI-HI-0003-9000
Wynhoff, William J. (Hawaii)
JI-HI-0003-0004 | JI-HI-0003-9000
Other Lawyers None on record

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