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UPCHURCH v. STATE

No. 4785.

454 P.2d 112 (1969)

Robert J. UPCHURCH v. STATE of Hawaii.

Supreme Court of Hawaii.

May 5, 1969.

Attorney(s) appearing for the Case

William H. Yim, Deputy Atty. Gen. (Bert T. Kobayashi, Atty. Gen., Honolulu, with him on the briefs), for defendant-appellant.

Stuart M. Cowan, Honolulu (Greenstein & Cowan, Honolulu, of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE, LEVINSON, JJ., and Circuit Judge FUKUSHIMA, assigned by reason of vacancy.

ABE, Justice.

The issue in this case is whether the State of Hawaii is liable under the State Tort Liability Act to a former inmate of the Hawaii State Prison for injuries which were inflicted upon him by another inmate while in prison.

The prison officials, after they had been informed by plaintiff that his life had been threatened by inmates Ray Barton and Benedict Hattori, at 3:30 p.m. placed plaintiff in Corridor C. It was the established prison policy...

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