AIONA v. JUDICIARY OF STATE OF HAWAII

No. 92-15810.

17 F.3d 1244 (1994)

John A. AIONA, Jeton Lee Allen, Martin Andrews, Terry J. Bateman, Tamara Bray, Lynette Ching, Cory Chock, Michael A. Ilaszcat, David L. Kelly, Charles Kernan, William Milovich, Dan S. Okamura and Michael A. Willard, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. The JUDICIARY OF the STATE OF HAWAII; Irwin Tanaka, Administrative Director of Courts of the Judiciary of the State of Hawaii, individually and in his official capacity; Ronald Sakata, Director of the Administrative Driver's License Revocation Office of the Judiciary of the State of Hawaii, individually and in his official capacity; Michael Nakamura, Chief of the Honolulu Police Department of the City and County of Honolulu, individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1994.


Attorney(s) appearing for the Case

Arthur E. Ross, Honolulu, Hawaii, for plaintiffs-appellants.

Girard D. Lau, Deputy Attorney General, Honolulu, Hawaii, for defendants-appellees.

Before: POOLE, WIGGINS and T.G. NELSON, Circuit Judges.


POOLE, Circuit Judge:

John Aiona and twelve other persons appeal the district court's dismissal of their 42 U.S.C. § 1983 action challenging the constitutionality of Hawaii's "Administrative Revocation of Driver's License" statute, Haw.Rev. Stat. § 286-251 et seq. The plaintiffs, whose drivers' licenses were revoked under the statute for driving while intoxicated, sought declaratory and injunctive relief. The district court dismissed the action on...

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