Punikaia v. Clark

720 F.2d 564 Bernard PUNIKAIA, David Brede, Frank Duarte, Mary Duarte, Clarence Naia, Francis Palea, Bernice Pupule and Richard Pupule, et al., Plaintiffs- Appellants, v. Charles G. CLARK, Director of the Department of Health for the State of Hawaii, individually and in his official capacity, Defendant-Appellee. No. 82-4189. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1983. Decided Sept. 7, 1983. Sidney M. Wolinsky, San Francisco, Cal., for plaintiffs-appellants. Michael A. Lilly, First Deputy Atty. Gen., Honolulu, Hawaii, for defendant-appellee. Appeal from the United States District Court for the District of Hawaii. Before BROWNING, Chief Judge, and WRIGHT and WALLACE, Circuit Judges. WALLACE, Circuit Judge: 1 Ten leprosy patients (the patients), some of whom live at the Hale Mohalu leprosarium near Honolulu, sued to enjoin the State of Hawaii from closing that facility. The patients claim that a variety of state and federal statutes, regulations, written contracts, and customs, create both a property and liberty interest in the form of a legitimate entitlement to continued medical care and residence facilities at Hale Mohalu. They contend that…