Hyun Ju Park v. City and County of Honolulu, No. 18-16692 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the dismissal of a 42 U.S.C. 1983 action against police officers and the City and County of Honolulu, alleging that defendants violated plaintiff's substantive due process right to bodily integrity under the Fourteenth Amendment. Plaintiff suffered serious, life-threatening injuries after an intoxicated off-duty officer (Officer Kimura) accidentally discharged his gun at the bar plaintiff was working at and shot her.
The panel held that Officers Naki and Omoso, the two officers that were with Kimura, did not act or purport to act in the performance of their official duties, and thus they were not acting under color of state law. Therefore, the district court properly dismissed plaintiff's claim against Naki and Omoso. The panel agreed with the district court that plaintiff's Monell claim must be dismissed because she has not plausibly alleged that the County's inaction reflected deliberate indifference to her Fourteenth Amendment right to bodily integrity. In this case, plaintiff has not plausibly alleged that the Chief of Police was aware of prior, similar incidents in which off-duty officers mishandled their firearms while drinking.