Title
LITIGATION MATTERS (SETTLEMENT AUTHORIZATION: APRIL FREELAND, ET AL. V. COUNTY OF MAUI, ET AL.; CIVIL 11-00617 ACK-KSC; NINTH CIRCUIT U.S. COURT OF APPEALS 14-15014) (COW-1(44))
Description
The Committee is in receipt of correspondence dated August 29, 2016, from the Department of the Corporation Counsel, requesting consideration of a proposed resolution, entitled "AUTHORIZING SETTLEMENT OF APRIL FREELAND, ET AL. VS. COUNTY OF MAUI, ET AL., CIVIL NO. 11-00617 ACK-KSC; NINTH CIRCUIT U.S. COURT OF APPEALS NO. 14-15014," and transmitting a copy of the Second Amended Complaint. The complaint alleges unlawful seizure, unlawful arrest, unlawful search, inadequate supervision and training, false arrest, assault, battery, false imprisonment, negligent infliction of emotional distress, and intentional infliction of emotional distress arising from an incident on April 15, 2011, involving Defendants Jerald Perkett, Jeffrey Calibuso, Keoki Santos, Richard Dods, Christopher Gantala, Kenneth Carroll, Clifford Dagulo, Jamie Wright, Matthew Brown, Eduardo Bayle, Christopher Kealoha, Clifton Perreira, Gregg Okamoto, Matthew Bigoss, and Gary Yabuta as Chief of Police. The purpose of the proposed resolution is to authorize settlement of the case.
Status
The Committee may consider whether to recommend adoption of the proposed resolution, with or without revisions. The Committee may also consider the filing of the correspondence and other related action.
Note
With reference to this agenda item, one or more executive meetings are anticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee; and Section 92-5(a)(8), Hawaii Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a State or Fed...
Click here for full text