Ted K. Kurihara v. Judge Jeanette H. Castagnetti, Judge Kevin T. Morikone, Natasha R. Shaw, and Gale L.F. Ching

CourtDistrict Court, D. Hawaii
DecidedNovember 24, 2025
Docket1:25-cv-00320
StatusUnknown

This text of Ted K. Kurihara v. Judge Jeanette H. Castagnetti, Judge Kevin T. Morikone, Natasha R. Shaw, and Gale L.F. Ching (Ted K. Kurihara v. Judge Jeanette H. Castagnetti, Judge Kevin T. Morikone, Natasha R. Shaw, and Gale L.F. Ching) 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
Ted K. Kurihara v. Judge Jeanette H. Castagnetti, Judge Kevin T. Morikone, Natasha R. Shaw, and Gale L.F. Ching, (D. Haw. 2025).

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF HAWAII

TED K. KURIHARA, CIV. NO. 25-00320 LEK-KJM

Plaintiff,

vs.

JUDGE JEANETTE H. CASTAGNETTI, JUDGE KEVIN T. MORIKONE, NATASHA R. SHAW, and GALE L.F. CHING,

Defendants.

ORDER: DISMISSING, WITH PREJUDICE, PORTIONS OF PLAINTIFF’S AMENDED COMPLAINT FOR VACATUR OF FINAL JUDGMENTS, COMPENSATORY AND PUNITIVE DAMAGES, AND DECLARATORY RELIEF; STRIKING THE MOTION TO DISMISS FILED ON OCTOBER 14, 2025; AND DIRECTING DEFENDANTS CHING AND SHAW TO RESPOND TO THE REMAINING PORTIONS OF THE AMENDED COMPLAINT

The operative pleading in this case is pro se Plaintiff Ted K. Kurihara’s (“Plaintiff”) Amended Complaint for Vacatur of Final Judgments, Compensatory and Punitive Damages, and Declaratory Relief (“Amended Complaint”), filed on September 11, 2025. [Dkt. no. 12.] On October 1, 2025, this Court issued an Order to Show Cause Why Portions of the Amended Complaint Should Not Be Dismissed with Prejudice (“10/1 OSC”). [Dkt. no. 18.] On October 9, 2025, Plaintiff filed a document, [dkt. no. 20,] that has been liberally construed as a partial response to the 10/1 OSC (“10/9 Response”). See entering order, filed 10/15/25 (dkt. no. 22). Plaintiff filed a supplemental response to the 10/1 OSC on October 24, 2025 (“10/24 Response”). [Dkt. no. 24.] For the reasons set forth below, the following claims in the Amended Complaint are dismissed with prejudice: all of

Plaintiff’s claims against Defendant Judge Jeanette H. Castagnetti (“Judge Castagnetti”); all of Plaintiff’s claims against Defendant Judge Kevin T. Morikone (“Judge Morikone”); Plaintiff’s Title 42 United States Code Section 1983 claims against Defendant Natasha Shaw (“Shaw”); and Plaintiff’s Section 1983 claims against Defendant Gale Ching (“Ching”). The only remaining claims are Plaintiff’s state law claims against Shaw and Plaintiff’s state law claims against Ching. Ching and Shaw are ordered to respond to the sole remaining portion of the Amended Complaint by December 8, 2025. BACKGROUND The Amended Complaint challenges actions that Judge

Castagnetti, in her individual and official capacities, and Judge Morikone, in his individual and official capacities, took during litigation that Plaintiff was involved in before the State of Hawai`i Probate Court (“the state court”). See Amended Complaint at pg. 3, ¶¶ 2-3; id. at ¶¶ 16, 22-23, 26. The Amended Complaint also challenges the actions of Shaw and Ching, attorneys who represented another party in the state court proceedings. See id. at ¶¶ 4-6, 8-10.1 Judge Castagnetti, Judge Morikone, Shaw, and Ching will be referred to collectively as “Defendants.” The Amended Complaint asserts the following counts: two Section 1983 claims against Defendants alleging violations

of Plaintiff’s Fourteenth Amendment right to procedural due process (“Counts I and III”); see id. at ¶¶ 27, 29; a Section 1983 claim against Shaw and Ching alleging fraud in the state court proceedings and conspiracy to violate Plaintiff’s rights (“Count II”); see id. at ¶ 28; and a claim against Defendants that reiterates Plaintiff’s Section 1983 procedural due process claims and that also alleges state law claims of “fraud, misappropriation, suppression of evidence, and unjust enrichment” (“Count IV”), see id. at ¶¶ 32-33. In the 10/1 OSC, this Court noted that Plaintiff previously filed another action against Judge Castagnetti, Shaw, and Ching, Kurihara v. Castagnetti et al., CV 25-00138 HG-KJM

(“CV 25-138”). See 10/1 OSC at 4-5 (summarizing the relevant background of CV 25-138). In CV 25-138, Plaintiff alleged the following claims: 1) a Section 1983 claim against Judge Castagnetti asserting violations of Plaintiff’s Fourteenth

1 Plaintiff states that Shaw is also a State of Hawai`i Family Court judge. However, Plaintiff’s claims against Shaw arise from events that occurred while Shaw was acting as an attorney. See Amended Complaint at ¶ 4. Amendment right to procedural due process; [CV 25-138, Amended Complaint for Violation of Civil Rights Under 42 U.S.C. § 1983, and Request for Relief, filed 4/2/25 (dkt. no. 10) (“CV 25-138 Amended Complaint”), at ¶¶ 19-20;] 2) a Section 1983 claim against Judge Castagnetti asserting violations of Plaintiff’s

Fourteenth Amendment right to equal protection; [id. at ¶¶ 21- 22;] and 3) a Section 1983 claim against Judge Castagnetti, Ching, and Shaw alleging a conspiracy to violate Plaintiff’s civil rights, [id. at ¶¶ 23-25]. On July 8, 2025, the district court issued an order that, inter alia, granted Judge Castagnetti’s motion to dismiss, granted Ching and Shaw’s motion to dismiss, and denied Plaintiff’s motion for leave to file a second amended complaint (“CV 25-138 7/8 Order”). [CV 25-138, dkt. no. 55.2] The district court ruled that Plaintiff’s claims against Judge Castagnetti attempted to challenge rulings in the state court proceeding and therefore were barred under the Rooker-Feldman doctrine.3 [CV 25-

138 7/8 Order at 11-12.] In the alternative, the district court ruled that Plaintiff’s claims against Judge Castagnetti in her official capacity were barred by the Eleventh Amendment, [id. at

2 The CV 25-138 7/8 Order is also available at 2025 WL 1898389.

3 The Rooker-Feldman doctrine was developed in Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983), and their progeny. 12-13,] and that Judge Castagnetti had judicial immunity from the claims in CV 25-138, [id. at 13-15]. As to Ching and Shaw, the district court ruled that Plaintiff could not sue them under Section 1983 because they were not state actors. [Id. at 19-22.] The district court also ruled that any amendment of

Plaintiff’s claims against Judge Castagnetti and any amendment of Plaintiff’s claims against Ching and Shaw would be futile. [Id. at 15-16, 22-23.] The CV 25-138 Amended Complaint was therefore dismissed with prejudice. [Id. at 25.] Final judgment was entered pursuant to the CV 25-138 7/8 Order. [CV 25-138, Judgment in a Civil Case, filed 7/8/25 (dkt. no. 56).] Plaintiff did not file an appeal. In the 10/1 OSC, this Court stated its inclinations based upon the judgment in CV 25-138 and the rulings in the CV 25-138 7/8 Order. See 10/1 OSC at 8-9, 11-12. Plaintiff was cautioned that, if this Court ruled consistently with the inclinations in the 10/1 OSC, his only remaining claims would be

the state law claims in Count IV against Ching and Shaw. See id. at 12. Plaintiff was ordered to show cause why this Court should not rule consistently with the inclinations in the 10/1 OSC. [Id.] Plaintiff has presented additional allegations regarding the events in the state court proceedings that form the basis of his claims in the instant case. See 10/9 Response at ¶¶ 1-4; 10/24 Response at ¶¶ 3-14. The 10/24 Response also includes legal arguments that Plaintiff presents to support his claims. See, e.g., 10/24 Response at ¶¶ 15-23. As to the issues that the 10/1 OSC directed Plaintiff to address, Plaintiff argues:

-“[r]es judicata is inapplicable because prior dismissal in CV 25-00138 was procedural, not on the merits, and current claims allege fraud upon the court rendering prior judgment void”; [id. at ¶ 27 (citations omitted);] and

-“[b]ecause the fraud was committed outside judicial capacity for private benefit, judicial immunity does not apply,” [id. at ¶ 10 (citations omitted)].

STANDARD This district court has stated: A federal court must screen an in forma pauperis civil action to determine whether it is “frivolous or malicious[,] . . .

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Ted K. Kurihara v. Judge Jeanette H. Castagnetti, Judge Kevin T. Morikone, Natasha R. Shaw, and Gale L.F. Ching, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ted-k-kurihara-v-judge-jeanette-h-castagnetti-judge-kevin-t-morikone-hid-2025.