2020 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
662. State Tort Liability Act
662-10 Judgment as bar.
§662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS §662-10]
Case Notes
Where plaintiff alleged that plaintiff was sexually assaulted by a youth correctional officer while plaintiff was a minor ward detained at a youth correctional facility, this section did not bar plaintiff from obtaining contemporaneous judgments from defendant in defendant's individual capacity and from the State; to the extent that recovery against the State was predicated on the alleged negligence of defendant's superiors in hiring, supervising, training, and retaining defendant, such a claim did not involve "the same subject matter" as the intentional tort claims against defendant. 133 H. 453, 331 P.3d 431 (2014).
