Price

Dr. Nui Loa Price, Kamuela Price, and the Hou Hawaiians, a native Hawaiian tribal body, (collectively, “Price”) sued the board of trustees (“trustees”) for the Office of Hawaiian Affairs (“OHA”) in their individual capacities under 42 U.S.C. § 1983 for commingling, managing, administering, and expending trust funds in violation of the Hawaii Admission Act of 1959, Pub.L. No. 86-3, 73 Stat. 4 (“Admission Act”). The trustees moved for judgment on the grounds of qualified or absolute immunity. The motion was granted in part and denied in part. The trustees brought this interlocutory appeal challenging the partial denial of immunity. The trustees argue that they are entitled to immunity for using trust funds for a referendum on whether the definition of “native Hawaiian” should be amended to include all people of Hawaiian ancestry and not just those with 50% or more Hawaiian blood (the “Single Definition Referendum”). The trustees additionally contest the district court’s determination that Price has standing to bring a § 1983 claim based on the Admission Act. We affirm in part and reverse in part.

Historical Background

In 1959, Congress admitted Hawaii into the Union and “declared…