Online publication Civil Beat challenged the Honolulu Police Department’s policy (since 2001) to deny all public records requests for files concerning police officers suspended for misconduct. Civil Beat had requested the files for 12 officers suspended for assaults, falsification of records or obstruction of an investigation, hit-and-runs, or other unspecified criminal conduct. On March 27, 2014, Judge Karl Sakamoto ordered disclosure of the requested records. The State of Hawaii Organization of Police Officers (SHOPO) appealed the decision. On June 9, 2016, the Hawaii Supreme Court rejected the HPD policy that denied all requests for police disciplinary suspension files as confidential, but vacated the circuit court’s disclosure order and remanded for the circuit court to weigh the privacy interests of the officers against the public interest in disclosure as to each of the twelve disciplinary incidents. No. SCAP-14-889 (ICA Nos. CAAP-14-681 & CAAP-14-889). On remand, the case was before Judge Gary W.B. Chang. On January 5, 2022, Judge Chang ordered release of the records. Civil No. 13-1-2981-11 GWBC.
- Complaint (11/7/13)
- Summary Judgment Motion
- Plaintiff’s Memorandum of Law (12/17/13)
- HPD’s Memorandum of Law (1/24/14)
- SHOPO’s Memorandum of Law (1/24/14)
- Plaintiff’s Reply Memorandum of Law (1/31/14)
- Order Granting Summary Judgment (3/27/14)
- First Appeal (No. CAAP-14-681)
- SHOPO Notice of Appeal (3/28/14)
- ICA Order Dismissing Appeal (6/2/14)
- Final Judgment (6/10/14)
- Second Appeal (No. CAAP-14-889)
- SHOPO Notice of Appeal (6/13/14)
- SHOPO Opening Brief (10/21/14)
- HPD Statement of No Position (11/26/14)
- Plaintiff’s Answering Brief (12/31/14)
- SHOPO Reply Brief (1/26/15)
- Amicus Brief Reporters Committee for Freedom of the Press (1/27/15)
- SHOPO Response to Amicus Brief (2/10/15)
- Application for Transfer to Hawaii Supreme Court (No. SCAP-14-889)
- Civil Beat’s Application for Transfer (1/9/15)
- HPD Statement of No Position (1/15/15)
- SHOPO Response to Application (1/16/15)
- Order Granting Application for Transfer (2/10/15)
- Notice of Oral Argument
- Oral Argument (audio) (6/18/15)
- Hawaii Supreme Court Opinion (6/9/16)
- Concurring Opinion (Pollack, J.)
- SHOPO Request for Costs
- SHOPO Request for Taxation of Costs (7/1/16)
- Civil Beat’s Objection to Taxation of Costs (7/7/16)
- SHOPO Reply to Objection (7/14/16)
- Order Approving Taxation of Costs (10/17/16)
- Order Regarding Briefing Schedule (3/3/17)
- Civil Beat Memorandum re: Sealing Final Order (6/16/17)
- SHOPO Memorandum re: Sealing Final Order (6/16/17)
- HPD Memorandum re: Sealing Final Order (6/16/17)
- Civil Beat Memorandum re: Proposed Decision (7/14/17)
- SHOPO Memorandum re: Proposed Decision (7/14/17)
- HPD Memorandum re: Proposed Decision (7/14/17)
- Civil Beat Memorandum Response re: Proposed Decision (8/16/17)
- SHOPO Memorandum Response re: Proposed Decision (8/16/17)
- Supplemental Order on Remand Granting in Part and Denying in Part “Motion for Summary Judgment” Filed on December 17, 2013 (7/6/20)
- Civil Beat Motion for Reconsideration and Memorandum of Law (2/8/21)
- City’s Joinder (2/18/21)
- SHOPO’s Opposition (2/18/21)
- Civil Beat’s Reply Memorandum (2/23/21)
- Order Granting Motion for Reconsideration (1/5/22)
- First Amended Supplemental Order on Remand Granting in Part and Denying in Part “Motion for Summary Judgment” Filed on December 17, 2013 (1/5/22)