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Notice of Supplmental authority for Monell

Notice of Supplmental authority for Monell

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Published by Alan Beck

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Published by: Alan Beck on Dec 05, 2012
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12/05/2012

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RICHARD L HOLCOMB (HI Bar No. 9177)Holcomb Law, A Limited Liability Law Corporation1136 Union Mall, Suite 808Honolulu, HI 96813Telephone: (808) 545-4040Facsimile: (808) 356-1954Email: rholcomblaw@live.comALAN BECK (HI Bar No. 9145)Attorney at Law4780 Governor DriveSan Diego, California 92122Telephone: (619) 971-0414Email: ngord2000@yahoo.comAttorneys for Plaintiff Christopher Baker
UNITED STATE COURT OF APPEALSNINTH CIRCUIT
CHRISTOPHER BAKER,Plaintiff,vs.LOUIS KEALOHA, as an individual andin his official capacity;CITY AND COUNTY OF HONOLULU;Defendants.________________________________)))))))))))No. 12-16258CASE NO. CV 11-00528NOTICE OF SUPPLEMENTALAUTHORITY__________________________________
 
Notice of Supplemental Authority
COMES NOW THE PLAINTIFF-APPELLANT, Christopher Baker, submits thisNotice of Supplemental Authority. This Notice of 
Chapter 1 Article 9 of the Revised Ordinances of Honolulu
(attached) is applied to
this Court’s
11/29/2012order, directing Mr. Baker to discuss the Monell Doctrine. Moreover, it is infurtherance of the proposition that via policy, law, and custom the City and Countyof Honolulu is responsible for the matters at issue; And who
s official (Chief Kealoha) has discretion and final review of these matters establishing Monellliability.
See
Monell v. Department of Social Services, 436 U.S. 658 (1978). Inpertinent part,Article 9. Authority of Executive Agency to Adopt Rules andRegulationsSections:1-9.1 Adoption of rules and regulations.1-9.2 Format of rules and regulations.Sec. 1-9.1 Adoption of rules and regulations.The head of any executive agency whose power or function asprescribed by law directly affects the public, maypromulgate rules and regulations having force and effect of lawpursuant to HRS Chapter 91, setting forth procedures that arenecessary for such agency in dealing with the public concerning suchpower or function. (Sec. 1-10.1, R.O. 1978 (1983 Ed.))Sec. 1-9.2 Format of rules and regulations.(a) The department of the corporation counsel shall prescribe auniform format for the preparation and publication of rules andregulations of departments and agencies of the city. The uniformformat shall provide that each rule or regulation publishedshall be accompanied by a reference to the authority pursuant towhich the rule or regulation has been adopted, the law
 
implemented by the rule or regulation, if any, and the effective date of the rule or regulation. The uniform format shallfurther provide that whenever possible, applicable law should beincorporated by reference and not be reprinted in the ruleor regulation.Respectfully submitted this 4th day of December, 2012s/ Alan Beck_________________________Alan Beck (HI Bar No. 9145)

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