658 F.Supp.3d 855
D. Haw.2023Background:
- Dural was convicted in Hawaii state court in 2003 of multiple sexual-assault counts and sentenced to 20 years; paroled in ~2011.
- The Hawaii Intermediate Court of Appeals vacated the convictions in 2018 and remanded for a new trial; on remand the City moved to nolle prosequi but the state court dismissed the charges with prejudice in January 2020.
- Dural filed a federal complaint in November 2021 and a First Amended Complaint (FAC) in June 2022 asserting federal and state claims against the City and various individuals, alleging prosecutorial/ investigative misconduct and false witness testimony.
- The City moved to dismiss the FAC as to the City on timeliness and failure-to-state-a-claim grounds; the Court treated numerous state-law counts (Counts V–XV) in the Order.
- The Court dismissed with prejudice the City-related claims for false arrest/wrongful imprisonment, malicious prosecution, selective prosecution (state tort), defamation/false light, and left negligence and emotional-distress claims dismissed but with leave to amend.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / wrongful imprisonment (Haw. law) | Dural: arrest and detention were unlawful; convictions later vacated support claim | City: Dural failed to give timely HRS §46‑72 notice; claim barred by HRS §657‑7; arrest followed grand‑jury indictment (probable cause) | Dismissed with prejudice: untimely notice and statute of limitations; failure to plead unlawfulness; amendment futile |
| Malicious prosecution (Haw. law) | Dural: prosecutors pursued charges maliciously and maintained them on remand | City: grand jury independently found probable cause; no plausible allegations of prosecutorial malice; termination (nolle/dismissal) does not show innocence | Dismissed with prejudice: grand‑jury probable cause and no plausible malice; amendment futile |
| Selective prosecution (state tort) | Dural pleads selective prosecution as a tort | City: Hawaii recognizes selective prosecution only as a criminal‑procedure defense, not a private tort | Dismissed with prejudice: no recognized state tort; leave to amend futile |
| Defamation / false light (Haw. law) | Dural: defamatory/false statements were made during investigation and prosecution | City: claims untimely (HRS §46‑72 and §657‑4); statements during judicial proceedings protected by absolute litigation privilege | Dismissed with prejudice: untimely and barred by litigation privilege |
| Negligence / gross negligence / IIED / NIED (Haw. law) | Dural: City liable for investigative/prosecutorial misconduct causing harm | City: FAC lacks factual specificity, claims time‑barred, no respondeat‑superior or scope‑of‑employment pled, qualified/conditional privilege applies | Dismissed with leave to amend: plead duties, specific wrongful acts, timing, and facts to overcome privilege; limited amendment allowed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state plausible claim)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must plead enough facts to be plausible)
- Wallace v. Kato, 549 U.S. 384 (2007) (false‑arrest claim accrues when imprisonment ends upon legal process)
- Reed v. City & County of Honolulu, 873 P.2d 98 (Haw. 1994) (false arrest and false imprisonment synonymous; grand‑jury indictment bars some claims)
- Young v. Allstate Ins. Co., 198 P.3d 666 (Haw. 2008) (elements of malicious prosecution under Hawaii law)
- Matsuura v. E.I. du Pont de Nemours & Co., 73 P.3d 687 (Haw. 2003) (absolute litigation privilege for statements material to judicial proceedings)
- Carrico v. City & County of San Francisco, 656 F.3d 1002 (9th Cir. 2011) (futility of amendment where grand‑jury indictment supplies independent probable cause)
- McCarthy v. Mayo, 827 F.2d 1310 (9th Cir. 1987) (grand jury determination as evidence of probable cause)
- Thompson v. Clark, 142 S. Ct. 1332 (2022) (federal malicious‑prosecution doctrine—Supreme Court decision addressing favorable‑termination/innocence standard)