Harolyn Pavao, as Special Administratrix of the Estate of Jon Webster Pavao v. John Pagay County of Hawaii

I

We must decide whether a police officer responding to two dropped 911 calls from a residence, which, as was later revealed, concerned an ongoing domestic violence incident, had consent to enter the home. Tragically, the incident resulted in the death of one of the participants, Jon Webster Pavao, who pointed a gun at the responding officer. Appellant Harolyn Pavao, as Special Administratrix of the Estate of Jon Pavao (“the Estate”), appeals the judgment entered in favor of Appellee Hawaii County Police Officer John Pagay. The Estate also challenges the order denying its renewed motion for judgment as a matter of law, or in the alternative, its motion for a new trial on its claim under 42 U.S.C. § 1983 . The Estate contends that both the jury and the district court erred in concluding that Officer Pagay had received clear and unequivocal consent to enter the home on June 10, 1998. We affirm.

II

Jon Webster Pavao (“Pavao”) had been living with his girlfriend Linda Sadino (“Linda”), and her children in a home on the Island of Hawaii. On the afternoon of June 10, 1998, Pavao and Linda had an argument during which Pavao grabbed Linda’s neck. During the course of the argument, one…