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UNITED STATES v. STATE OF HAWAII

Civ. No. 83-0248.

564 F.Supp. 189 (1983)

UNITED STATES of America, Plaintiff, v. STATE OF HAWAII; George R. Ariyoshi, Governor of Hawaii; Franklin Sunn, Director, Hawaii Department of Social Services and Housing; Michael Kakesako, Administrator, Corrections Division, Hawaii Department of Social Services and Housing; William Oku, Administrator, Halawa High Security Facility; and Edwin Shimoda, Administrator, Oahu Community Correctional Center, Defendants.

United States District Court, D. Hawaii.

May 10, 1983.

Attorney(s) appearing for the Case

Wm. Bradford Reynolds, Asst. Atty. Gen., Civ. Rights Div., William French Smith, Atty. Gen. of U.S., Steven B. Berlin, Terisa E. Chaw, Trial Attys., U.S. Dept. of Justice, Civ. Rights Div., Washington, D.C., R. Michael Burke, Asst. U.S. Atty., Daniel A. Bent, U.S. Atty., Honolulu, Hawaii, for plaintiff.

James H. Dannenberg, Deputy Atty. Gen., Tany S. Hong, Atty. Gen., State of Hawaii, Honolulu, for defendants.

J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., Michael J. Moquin, Asst. Atty. Gen., Lansing, Mich., for amicus curiae.

Before KING, Chief Judge, FONG, District Judge, and PENCE, Senior District Judge.

DECISION AND ORDER

SAMUEL P. KING, Chief Judge.

BACKGROUND

On March 4, 1983, the United States filed suit against the State of Hawaii, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. (Supp. IV 1980), alleging that the conditions in two state prisons violate the federal constitutional rights of the persons confined therein. Defendant State of Hawaii has filed a motion to dismiss on the grounds...

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