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Case Name Walsh v. City and County of Honolulu IM-HI-0003
Docket / Court 1:05-cv-00378-DAE-LEK ( D. Haw. )
State/Territory Hawaii
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
Case Summary
On June 9, 2005, a group of individuals whose applications for employment with the City and County of Honolulu had been rejected brought a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Hawaii to challenge constitutionality of Hawaii's statutory pre- ... read more >
On June 9, 2005, a group of individuals whose applications for employment with the City and County of Honolulu had been rejected brought a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Hawaii to challenge constitutionality of Hawaii's statutory pre-employment residency requirement for public employment. The law in question, Hawaii Revised Statute Section 78-1(c), provided:
All persons seeking employment with the government of the State or in the service of any county shall be citizens, nationals, or permanent resident aliens of the United States, or eligible under federal law for unrestricted employment in the United States, and residents of the State at the time of their application for employment and as a condition of eligibility for continued employment. "Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's permanent residence. In determining this intent, the following factors shall be considered:

(1) Maintenance of a domicile or permanent place of residence in the State;
(2) Absence of residency in another state; and
(3) Former residency in the State.

Plaintiffs, represented by the ACLU of Hawaii, argued that to be unconstitutional because it had the impermissible purpose of deterring migration into the State. They sought an injunction to bar enforcement of the law.

The District Court (Judge David Alan Ezra) granted plaintiffs' motion for a preliminary injunction. Walsh v. City and County of Honolulu, 423 F.Supp.2d 1094 (D.Hawaii 2006). Plaintiffs then filed motions for summary judgment and for permanent injunction to enjoin enforcement of the law. Judge Ezra found the law to be unconstitutional and granted plaintiffs' motions. Defendants' counter motion for summary judgment was denied. Walsh v. City and County of Honolulu, 460 F.Supp.2d 1207 (D.Hawai'i 2006).

Defendants appealed. While the appeal was pending, the challenged provisions of the law were repealed by 2007 Hawaii Laws Act 52 (H.B. 1750). The state then filed an unopposed motion to vacate the district court judgment, due to mootness, which was granted by the Ninth Circuit. The case was remanded to the District Court for closing. Plaintiffs were awarded $135,801.24 in attorney's fees and costs.

Dan Dalton - 10/06/2007
Carlos Torres - 06/30/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Right to travel
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Employment
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) City and County of Honolulu
Hawaii Department of Human Resources Development
Plaintiff Description Those who have been or will be discouraged from applying for a City, County or State job in Hawaii because of the residency hiring requirement of HRS § 78-1(c).
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2006 - n/a
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:05-cv-00378-DAE-LEK (D. Haw.) 09/05/2007
IM-HI-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Plaintiffs' Motion for Preliminary Injunction 02/01/2006 (423 F.Supp.2d 1094) (D. Haw.)
IM-HI-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint for Declaratory and Injunctive Relief 03/13/2006
IM-HI-0003-0002 PDF | Detail
Opinion 06/14/2006 (2006 WL 1663370 / 2006 U.S.Dist.LEXIS 40910) (D. Haw.)
IM-HI-0003-0006 PDF | WESTLAW| LEXIS | Detail
Amended Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Counter Motion for Summary Judgment 07/03/2006 (460 F.Supp.2d 1207) (D. Haw.)
IM-HI-0003-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Permanent Injunction Order Enjoining Enforcement of H.R.S (78-1(c)) and the Policies and Practices Based Thereon 07/14/2006 (D. Haw.)
IM-HI-0003-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Errata to Amended Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Counter Motion for Summary Judgment 08/16/2006 (D. Haw.)
IM-HI-0003-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ezra, David Alan (D. Haw.)
IM-HI-0003-0001 | IM-HI-0003-0003 | IM-HI-0003-0004 | IM-HI-0003-0005 | IM-HI-0003-9000
Kobayashi, Leslie Emi (D. Haw.) [Magistrate]
IM-HI-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Livingston, Michael K (Hawaii)
IM-HI-0003-0002 | IM-HI-0003-0005 | IM-HI-0003-9000
Perrin, Lois K (Hawaii)
IM-HI-0003-0002 | IM-HI-0003-0005 | IM-HI-0003-9000
Williams, Anne L (Hawaii)
IM-HI-0003-0002 | IM-HI-0003-0005 | IM-HI-0003-9000
Defendant's Lawyers Aina, Charleen (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Bennett, Mark (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Halvorson, James Earl (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Marie-Iha, Deirdre (Hawaii)
IM-HI-0003-9000
Nelson, Gordon D (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Thomason, Richard H (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Woo, Donna M (Hawaii)
IM-HI-0003-0005 | IM-HI-0003-9000
Other Lawyers None on record

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