University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bernard v. State of Hawaii PC-HI-0004
Docket / Court 1:02-cv-00367-SPK-KSC ( D. Haw. )
State/Territory Hawaii
Case Type(s) Prison Conditions
Case Summary
On June 18, 2002, deaf inmates filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Hawaii against the Public Safety Department of Hawaii, the Hawaii Paroling Authority, and the state of Hawaii. Represented by attorneys from the National Association of the ... read more >
On June 18, 2002, deaf inmates filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Hawaii against the Public Safety Department of Hawaii, the Hawaii Paroling Authority, and the state of Hawaii. Represented by attorneys from the National Association of the Deaf Law Center and the Levin Education Access Project, the plaintiffs alleged violations of their constitutional rights. Further information about the complaint is unavailable because all of the case's documents are sealed.

On March 21, 2003, Judge Samuel King granted in part and denied in part the defendants' motion to dismiss. Judge King also granted in part and denied in part the plaintiffs' motion for a preliminary injunction. After this order, the parties entered into settlement discussions.

The parties settled in early 2004, and June 3, 2004, the case was dismissed. No further information is available on the case.

Jessica Kincaid - 03/05/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Monitor/Master
Monitoring
Reporting
Defendant-type
Jurisdiction-wide
Disability
Hearing impairment
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Hawaii Department of Public Safety
Hawaii Paroling Authority
Plaintiff Description Deaf inmates
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:02-cv-00367-SPK-KSC (D. Haw.) 12/06/2014
PC-HI-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Chang, Kevin S.C. (D. Haw.) [Magistrate]
PC-HI-0004-9000
King, Samuel Pailthorpe (D. Haw.)
PC-HI-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Charmatz, Marc P. (Maryland)
PC-HI-0004-9000
Levin, Stanley E. (Hawaii)
PC-HI-0004-9000
Varady, Carl M. (Hawaii)
PC-HI-0004-9000
Vargas, Mary C. (Maryland)
PC-HI-0004-9000
Defendant's Lawyers Inouye, Cindy S. (Hawaii)
PC-HI-0004-9000
Moser, Kendall J. (Hawaii)
PC-HI-0004-9000
Other Lawyers None on record

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