Spriestersbach v. State of Hawaii

CourtDistrict Court, D. Hawaii
DecidedFebruary 12, 2025
Docket1:21-cv-00456
StatusUnknown

This text of Spriestersbach v. State of Hawaii (Spriestersbach v. State of Hawaii) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spriestersbach v. State of Hawaii, (D. Haw. 2025).

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF HAWAII

JOSHUA SPRIESTERSBACH, CIV. NO. 21-00456 LEK-RT

Plaintiff,

vs.

STATE OF HAWAII, CITY AND COUNTY OF HONOLULU, OFFICER ABRAHAM K. BRUHN, DEPARTMENT OF PUBLIC SAFETY, OFFICE OF THE PUBLIC DEFENDER, NIETZSCHE LYNN TOLAN, MICHELLE MURAOKA, LESLIE MALOIAN, JACQUELINE ESSER, JASON BAKER, MERLINDA GARMA, SETH PATEK, DR. JOHN COMPTON, DR. MELISSA VARGO, DR. SHARON TISZA, HAWAII STATE HOSPITAL, DR. ALLISON GARRETT, JOHN/JANE DOES 1-20,

Defendants.

ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION AND DISMISSING PLAINTIFF’S REMAINING CLAIMS AGAINST THE INDIVIDUAL PD DEFENDANTS

On December 20, 2024, this Court issued an entering order directing Plaintiff Joshua Spriestersbach (“Spriestersbach” or “Plaintiff”) and Defendants Nietzsche Lynn Tolan, Michele Muraoka, Lesley Maloian, Jason Baker, and Seth Patek, each of whom was a Deputy Public Defender at all times relevant to this case (collectively “Individual PD Defendants”), to brief the issue of supplemental jurisdiction over Spriestersbach’s remaining claims against the Individual PD Defendants. [Dkt. no. 592.] The other defendants were given the opportunity to file optional briefs. [Id. at PageID.13804.] Spriestersbach filed his brief on January 10, 2025 (“Spriestersbach’s Brief”), and the Individual PD Defendants filed their brief on January 14, 2025 (“Individual PD

Defendants’ Brief”). [Dkt. nos. 598, 602.] Defendant Allison Garrett, M.D. (“Dr. Garrett”) filed a brief on January 30, 2025 (“Dr. Garrett’s Brief”). [Dkt. no. 604.] Having reviewed the briefs and the relevant filings in this case, this Court declines to exercise supplemental jurisdiction over Spriestersbach’s remaining claims against the PD Defendants and dismisses those claims. The dismissal is without prejudice to Spriestersbach’s pursuit of those claims in state court. DISCUSSION The relevant background of this case is set forth in the December 19, 2024 Amended Order Granting in Part and Denying in Part the PD Defendants’ Motion for Judgment on the Pleadings,

or in the Alternative, for Summary Judgment (“12/19 PD Defendants Order”). [Dkt. no. 591.] The 12/19 PD Defendants Order addressed Spriestersbach’s Second Amended Complaint, [filed 3/29/24 (dkt. no. 362)]. See 12/19 PD Defendants Order at 2. The operative pleading in this case is now Spriestersbach’s Second Revised Fourth Amended Complaint (“Fourth Amended Complaint”), [filed 1/3/25 (dkt. no. 595)]. However, the amendments in the subsequent versions of Spriestersbach’s complaint are not relevant to his claims against the Individual PD Defendants. See Order Granting in Part and Denying in Part the State Defendant’s Motion to Dismiss or in the Alternative for Judgment on the Pleadings, filed 7/19/24 (dkt. no. 518)

(“7/19/24 State Defendants Order”), at 22 (granting leave to file a third amended complaint to add additional allegations against Defendant Hawaii State Hospital (“HSH”)); Order: Granting in Part and Denying in Part Motion by Plaintiff to Amend Scheduling Order and for Leave to File Fourth Amended Complaint (FthAC); and Granting in Part and Denying in Part Defendant Allison Garrett, M.D.’s Motion to Strike Portions of Third Amended Complaint (ECF Dkt. 551), filed 12/19/24 (dkt. no. 590) (“12/19/24 Leave to Amend Order”), at 2-3 (granting leave to file a fourth amended complaint to add Darryl Kon as a defendant).1 Thus, the claims against the Individual PD Defendants in the Fourth Amended Complaint are consistent with

the rulings in the 12/19/24 PD Defendants Order. The 12/19/24 PD Defendants Order granted summary judgment: -in favor of Defendant Office of the Public Defender (“OPD”) as to Spriestersbach’s claim brought pursuant to Title II of the Americans with Disabilities Act (“ADA”), Title 42

1 The 7/19/24 State Defendants Order is also available at 2024 WL 3488365, and the 12/19/24 Leave to Amend Order is also available at 2024 WL 5170926. United States Code Section 12101, et seq. (“Count III”); [12/19/24 PD Defendants Order at 67;] and

-in favor of the Individual PD Defendants as to Spriestersbach’s intentional infliction of emotional distress (“IIED”) claim (“Count XI”), [id. at 55-56].

Thus, there are no claims remaining against OPD, and the only claims that remain for trial against the Individual PD Defendants are Spriestersbach’s legal malpractice claim (“Count XIII”); and his negligent infliction of emotional distress (“NIED”) claim (“Count XII”). [Id. at 69.] Pursuant to 28 U.S.C. § 1367(c)(3), the Court may decline to exercise supplemental jurisdiction over state law claims if it “has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3); see also United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966). In undertaking this evaluation, the Court “should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.” Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988).[2] Although the Court’s decision is discretionary, “in the usual case in which all federal-law claims are eliminated before trial, the balance of factors will point toward declining to exercise jurisdiction over the remaining state-law claims.” Id. at 350 n.7.

[Order Granting in Part and Denying in Part Defendant Allison Garrett, M.D.’s Motion for Summary Judgment, filed 11/18/24

2 United Mine Workers was superseded on other grounds by Section 1367, and Carnegie-Mellon was superseded on other grounds by amendments to Title 28 United States Code Section 1447(c). See Hazzard v. Schaaf, Case No. 22-cv-02921- JSW, 2023 WL 27351, at *3 (N.D. Cal. Jan. 3, 2023), aff’d, No. 23-15097, 2023 WL 8714901 (9th Cir. Dec. 18, 2023). (dkt. no. 579) (“11/19/24 Dr. Garrett Order”), at 30 (alteration and some citations omitted).3] In addition, Section 1367(d) tolls the statute of limitations “for any claim asserted under subsection (a) . . . while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.” 28 U.S.C. § 1367(d); see also Artis v. District of Columbia, 583 U.S. ––––, 138 S. Ct. 594, 603, 199 L. Ed. 2d 473 (2018) (identifying § 1367(d) as a tolling provision that “suspends the statute of limitations for two adjacent time periods: while the claim is pending in federal court and for 30 days postdismissal”); Smith v. Davis, 953 F.3d 582, 597 (9th Cir. 2020) (acknowledging that the proper reading of § 1367(d) is to suspend the statute of limitations and grant a 30-day grace period (citing Artis, 583 U.S. at ––––, 138 S. Ct. at 603–04)).

Prem v. Wing Spirit Inc., CIVIL NO. 20-00399 JAO-RT, 2022 WL 801338, at *4 (D. Hawai`i Mar. 16, 2022) (alteration in Prem) (footnote omitted). When a district court has original jurisdiction in a civil action, subsection (a) confers “supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution,” . . . . 28 U.S.C. § 1367(a).

Id. at *4 n.2.

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Related

United Mine Workers of America v. Gibbs
383 U.S. 715 (Supreme Court, 1966)
Carnegie-Mellon University v. Cohill
484 U.S. 343 (Supreme Court, 1988)
Artis v. District of Columbia
583 U.S. 71 (Supreme Court, 2018)
Anthony Smith v. Ron Davis
953 F.3d 582 (Ninth Circuit, 2020)

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