2019 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
662. State Tort Liability Act
662-3 Jurisdiction.

Universal Citation:
HI Rev Stat § 662-3 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

§662-3 Jurisdiction. The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the State while acting within the scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-3; HRS §662-3; am L 1978, c 156, §2; am L 1984, c 135, §3; am L 2015, c 35, §20]

Case Notes

Does not bar U.S. government from bringing claim for contribution against State in federal court. 643 F. Supp. 593 (1986).

Nothing in the language of this section and §661-1 suggests that Hawaii intended to subject itself to suit in federal court. 950 F. Supp. 2d 1159 (2013).

Where plaintiffs seek injunction for unconstitutional acts and damages, sovereign immunity bars suit. 68 H. 192, 708 P.2d 129 (1985), cert. denied, 476 U.S. 1169 (1986).

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