Tseu v. Jeyte (Motion for Reconsideration)
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
---o0o---
LINDA C. TSEU, in her official capacity as
Executive
Director of the Hawaii Civil Rights Commission,
ex relatione JACK HOBBS and MISAYO HOBBS, individually, and JACK
HOBBS as guardian ad litem for KENJI HOBBS and TAMIKO HOBBS, minors,
Plaintiffs-Appellees, v. ALBERT JEYTE and JESSIE WHEELWRIGHT,
Defendants-Appellants
NO. 20489
MOTION FOR RECONSIDERATION
(CIV. NO. 94-1553)
AUGUST 26, 1998
MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.
Upon consideration of plaintiff-counterclaim
defendant-appellee Hawai`i Civil Rights Commission's (HCRC) motion for
reconsideration and affidavits in support thereof, it appears that the HCRC
misapprehends the scope of our opinion. As stated on multiple occasions in the
opinion (slip op. at 13-15), the cause of action which may exist against the
HCRC is based upon a duty to follow its own administrative regulations. This is
not a novel cause of action. See, e.g., Berkovitz v. United
States, 486 U.S. 531 (1988) (reversing order dismissing plaintiffs' claims
that the National Institute of Health violated statutory and regulatory
provisions in approving vaccine for public use). The holding of the opinion does
not extend to private litigants, nor does it abolish the common-law torts of
malicious prosecution and abuse of process.
The State Tort Liability Act provides that the State
shall not be liable for "[a]ny claim based upon an act or omission of an
employee of the State, exercising due care, in the execution of a statute or
regulation[.]" HRS ยง 662-15(1) (1993). The clear corollary to this section is
that the State does not waive liability for the acts or omissions of
state employees not exercising due care in the execution of a statute or
regulation.
The remaining arguments raised by the HCRC do not
establish a point of law or fact which this court "has overlooked or
misapprehended" pursuant to the standard for reconsideration set forth in
Hawai`i Rules of Appellate Procedure Rule 40(b). Therefore,
IT IS HEREBY ORDERED that the HCRC's motion to
reconsider is denied.
John Ishihara of Department of
Labor and Industrial Relations
Hawai`i Civil Rights Commission
State of Hawai`i
