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City's PCS Facebook

City's PCS Facebook

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Published by Alan Beck
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Published by: Alan Beck on Dec 19, 2013
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12/19/2013

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DONNA Y. L. LEONG, 3226 Corporation Counsel CURTIS E. SHERWOOD, 7851 TRACI R. MORITA, 7983 Deputies Corporation Counsel Department of the Corporation Counsel City and County of Honolulu Honolulu Hale, Room 110 530 South King Street Honolulu, Hawai‘i 96813 Telephone: (808) 768-5134, 768-5493 Facsimile: (808) 768-5105 Email: csherwood@honolulu.gov / tmorita1@honolulu.gov  Attorneys for Defendants ANDREW LUM and the CITY AND COUNTY OF HONOLULU IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI‘I HAWAII DEFENSE FOUNDATION, CHRISTOPHER BAKER, and DEREK SCAMMON, Plaintiffs, vs. CITY AND COUNTY OF HONOLULU; ANDREW LUM, IN HIS PERSONAL AND OFFICIAL CAPACITY; JOHN DOES 1-10 IN THEIR PERSONAL AND OFFICIAL CAPACITIES, Defendants.
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 CIVIL No. CV12-00469 JMS RLP DEFENDANT CITY AND COUNTY OF HONOLULU’S FINAL PRETRIAL STATEMENT Pre-Trial Conference: Date: December 19, 2013 Time: 9:15 a.m. Judge: Hon. Richard L. Puglisi Trial: Trial Date: January 28, 2014 DEFENDANT CITY AND COUNTY OF HONOLULU’S FINAL PRETRIAL STATEMENT
Case 1:12-cv-00469-JMS-RLP Document 38 Filed 12/18/13 Page 1 of 11 PageID #: 285
 
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Come now, Defendants CITY AND COUNTY OF HONOLULU (singly, the “City”) and ANDREW LUM (hereinafter referred to collectively with the City as “City Defendants”), by and through their attorneys, DONNA Y. L. LEONG, Corporation Counsel, and CURTIS E. SHERWOOD, Deputy Corporation Counsel, and hereby files their Final Pretrial Statement in accordance with Local Rule 16.6.
I. PARTIES
This Pretrial Statement is filed on behalf of the City Defendants. Defendant Lum is an individual. Defendant City is a municipal corporation, organized under the laws of the State of Hawaii.
II. JURISDICTION
This Court has jurisdiction to hear Plaintiff’s two (2) claims under 28 U.S.C. § 1331.
III. SUBSTANCE OF ACTION
The instant action is a § 1983 civil rights case involving allegations that Plaintiffs’ First Amendment rights to freedom of speech and procedural due  process were violated when Plaintiff CHRISTOPHER BAKER’s and Plaintiff DEREK SCAMMON’s (collectively “Individual Plaintiffs”) postings on the HONOLULU POLICE DEPARTMENT’s (“HPD”) Facebook page were removed Baker and Scammon were temporarily banned from posting there.
Case 1:12-cv-00469-JMS-RLP Document 38 Filed 12/18/13 Page 2 of 11 PageID #: 286
 
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IV. UNDISPUTED FACTS
As noted below, Plaintiffs and City Defendants can likely agree to a number of the facts at issue. Specifically, whether certain posts were removed and the fact that Plaintiffs Scammon and Baker were temporarily suspended from making posts on HPD’s Facebook page.
V. DISPUTED FACTUAL ISSUES
City Defendants anticipate that the following issues may be subject to dispute at trial: (1) The exact number and nature of posts removed; (2) The length of time that Plaintiffs were unable to post to HPD’s Facebook  page; (3) Whether some or all of the posts constituted unprotected speech; (4) The status of HPD’s Facebook page as a forum and what type of forum it comprised at time of the events at issue; (5) Whether any of Captain Lum’s actions were based on a reasonable mistake of law or fact.
VI. RELIEF PRAYED
Plaintiffs seek declaratory judgment, attorney’s fees and costs. Plaintiffs had previously sought a temporary restraining order, which motion was deemed
Case 1:12-cv-00469-JMS-RLP Document 38 Filed 12/18/13 Page 3 of 11 PageID #: 287

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