Brede v. Director for Department of Health for State of Hawaii

616 F.2d 407 David BREDE, Frank Duarte, Mary Duarte, Paul Harada, Clarence Naia, Leon Nono, Francis Palea, Jubilee Pudhala, Bernard Punikaia, Bernice Pupule, Richard Pupule, Antonion Sagadraca and Shivuku Sagadraca, Plaintiffs-Appellants, v. DIRECTOR FOR the DEPARTMENT OF HEALTH FOR the STATE OF HAWAII, and John Does 1-30, Individually and in their capacity as agents of the Department of Health, State of Hawaii, Defendants-Appellees. No. 78-3152. United States Court of Appeals, Ninth Circuit. March 3, 1980. Rehearing Denied April 21, 1980. John F. Schweigert, Schweigert & Kent, Honolulu, Hawaii, Sidney M. Wolinsky, San Francisco, Cal., for plaintiffs-appellants. Michael Lilly, Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellees. Appeal from the United States District Court for the District of Hawaii. Before TRASK and FERGUSON, Circuit Judges, and SOLOMON, * District judge. TRASK, Circuit Judge: 1 For many years, the State of Hawaii has maintained a leprosarium on the Kalaupapa peninsula on the island of Molokai. Beginning in the late 1940's, Hawaii has also maintained a residential facility of just over 11 acres at Hale Mohalu near Pearl City, Oahu. This facility was…