Edgar H.W. Lum v. City and County of Honolulu, Edgar H.W. Lum v. City and County of Honolulu

In 1979 the defendant, City and County of Honolulu (“City”), fired the plaintiff from his position as an accountant. The plaintiff appeals the district court’s finding that his termination was not in violation of Hawaii Revised Statute (“HRS”) § 76-46. The defendant cross-appeals the denial of its motion for summary judgement on the Title VII claims and the amount of damages awarded to the plaintiff for the violation of his due process rights resulting from the denial of a pretermination hearing.

The district court had federal question jurisdiction over Lum’s Title VII, and due process claims under 28 U.S.C. §§ 1331 , 1337, and 1343, and 42 U.S.C. § 2000e-5(f)(3). The court had pendent jurisdiction over the state law claims. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . Notices of appeal were timely filed. Fed.R.App.P. 4(a).

I.

Mr. Lum had been an employee with the City of Honolulu for twelve years when, in 1979, he was dismissed from his job as an “Internal Control Analyst.” Lum filed suit against the City alleging violations of Title VII of the Civil Rights Act of 1964, due process, and HRS § 76-46. Plaintiff claimed that his dismissal was based on race…