(DOWNLOAD) "Reed V. City And County Of Honolulu" by Hawaii Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Reed V. City And County Of Honolulu
- Author : Hawaii Supreme Court
- Release Date : January 13, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiffs-appellants Isaiah Reed and Carol Moses (collectively, appellants) appeal from the circuit court's grant of summary judgment in favor of defendants-appellees City and County of Honolulu (the City) and Steven Alm, deputy prosecuting attorney (collectively, the prosecution). Appellants, having been arrested on complaints charging robbery, burglary, and assault, were committed to the circuit court for further proceedings following a district court preliminary hearing that determined probable cause. Unable to post bail, appellants remained incarcerated until the charges were dismissed without prejudice when the prosecution failed to produce the complaining witness at the criminal trial.*fn1 Appellants subsequently brought this civil action against the City and Alm, in his official capacity, asserting deprivation of their civil rights, in violation of 42 U.S.C. § 1983 (§ 1983), as well as the common law claims of false arrest, false imprisonment, and malicious prosecution. The prosecution successfully moved for summary judgment on all claims, asserting the defenses of (1) absolute immunity with respect to the § 1983 claim, and (2) judicial determination of probable cause with respect to the common law claims. Appellants timely appealed. We affirm.
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