Aholelei v. Department of Public Safety

488 F.3d 1144 William S. AHOLELEI, Plaintiff-Appellant, v. DEPARTMENT OF PUBLIC SAFETY, State of Hawaii; John F. Peyton; Frank Lopez; Edwin Shimoda; Clayton Frank; Randy Asher; Eric Tanaka; Gary Kaplan; May Andrade; Cinda Sandin; Attorney General of the State Of Hawaii, Defendants-Appellees. No. 06-15086. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 10, 2007. Filed May 25, 2007. Sean D. Unger, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, argued the case for the plaintiff-appellant. Peter Meier, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, was also on the brief. Kimberly Tsumoto Guidry, Deputy Attorney General, Honolulu, HI, argued the case for the defendants-appellees. Mark J. Bennett, Attorney General of Hawaii, and Girard D. Lau, Deputy Attorney General, Honolulu, HI, were also on the brief. Appeal from the United States District Court for the District of Hawaii; Susan Oki Mollway, District Judge, Presiding. D.C. No. CV 04-00414-SOM. Before: PROCTER HUG, JR. and WILLIAM A. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, * District Judge. HOLLAND, Judge. 1 Before us is the sole issue of whether the State of Hawaii…