Shelley Stephens v. County of Hawaii Police Depart

MEMORANDUM

Shelley Stephens appeals from a grant of summary judgment in favor of the County of Hawaii Police Department (“HPD”) in her suit for damages and in-junctive relief. The suit arises from the alleged use by HPD officers of a pain compliance, pressure point technique called the Brachial Plexus Clavicle Notch Technique (“BPCNT”), which Stephens alleged was a violation of her equal protection rights because HPD has a policy and practice of using this technique only against women and juveniles. The district court assumed HPD officers applied the BPCNT as Stephens alleges (a point the HPD disputes), but nevertheless granted HPD summary judgment, holding that HPD’s policy does not violate the Equal Protection Clause. See T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 631-32 (9th Cir.1987). Construing Stephens’s brief as challenging both the grant of summary judgment and the denial of the motion for reconsideration, we review de novo and affirm. See Erickson v. Pardus, 551 U.S. 89, 94 , 127 S.Ct. 2197 , 167 L.Ed.2d 1081 (2007) (per curiam).

“[Cjlassifications by gender must serve important governmental objectives and must be substantially related to…