Lloyd Dela Cruz v. Kauai County Melvin K. Soong, Prosecuting Attorney for the County of Kauai

Plaintiff Lloyd Dela Cruz (“Dela Cruz”) appeals a summary judgment in favor of a Hawaii prosecutor in an action alleging that the prosecutor violated Dela Cruz’s constitutional rights by making false statements in an affidavit supporting a motion to revoke Dela Cruz’s bail. The district court concluded that the Defendant, County of Kauai Prosecuting Attorney Michael Soong, was entitled to qualified immunity, and dismissed Dela Cruz’s 42 U.S.C. § 1983 action. Because we agree that Soong is entitled to qualified immunity, we affirm the ruling of the district court.

Factual Background

In January of 1997, Dela Cruz was indicted by a grand jury for two state felony drug offenses. He was released on pretrial bail. On April 1, 1997, Soong filed a motion to revoke Dela Cruz’s bail. In support of that motion, Soong submitted an affidavit in which he testified to information that he allegedly was given by Gina Perreira, a witness against Dela Cruz in the pending criminal matter. Dela Cruz alleges that Perreira is his ex-wife and that at the time she was involved in a bitter child custody dispute with Dela Cruz, all of which was known to Soong when Soong allegedly received the information…