66 Fair empl.prac.cas. (Bna) 290, 65 Empl. Prac. Dec. P 43,347 Susan A. Bator v. State of Hawaii, and Carolyn M. Kainuma, in Her Individual Capacity Warren T. Asaeda, in His Individual Capacity

39 F.3d 1021 66 Fair Empl.Prac.Cas. (BNA) 290 , 65 Empl. Prac. Dec. P 43,347 Susan A. BATOR, Plaintiff-Appellee, v. STATE OF HAWAII, Defendant, and Carolyn M. KAINUMA, in her individual capacity; Warren T. Asaeda, in his individual capacity, Defendants-Appellants. No. 92-15950. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Nov. 8, 1994. Steven S. Michaels, Atty. General's Office, Honolulu, HI, for defendants-appellants. John A. Chanin, Honolulu, HI, for plaintiff-appellee. Appeal from the United States District Court for the District of Hawaii. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. POOLE, Circuit Judge: 1 Carolyn Kainuma, a supervisor in the Adult Probation Division of the First Circuit Court of the state of Hawaii, and Warren Asaeda, a probation officer, appeal the district court's denial of their summary judgment motion asserting qualified immunity from suit as to the 42 U.S.C. Sec. 1983 claims raised in Susan Bator's action against them. Bator claimed that she suffered racial and sexual harassment when Asaeda assaulted her on several occasions and when Kainuma failed to investigate her complaints regarding these…