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07-382 - Thomas v. Department of Public Safety, State of Hawaii et al


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07-382 - Thomas v. Department of Public Safety, State of Hawaii et al
May 16, 2008
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS 38 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/16/08. [The court dismisses the § 1983 claim asserted in Count I to the extent it seeks monetary damages from the State of Hawaii Department of Public Safety or Savea, Liana, and Duez in their official capacities. The court denies the motion to dismiss without prejudice to the extent the First Amended Complaint asserts § 1983 claims against Savea, Liana, and Duez in their individual capacities. The guards may reassert a lack of exhaustion in a new motion based on a different record. Finally, the court dismisses the malicious prosecution claim asserted in Count IX against Savea.] (emt, )