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TSEU EX REL. HOBBS v. JEYTE

No. 20489.

962 P.2d 344 (1998)

88 Hawai`i 85

Linda C. TSEU, in her official capacity as Executive Director of the Hawaii Civil Rights Commission, ex relatione Jack HOBBS and Misayo Hobbs, individually, and Jack Hobbs as guardian ad litem for Kenji Hobbs and Tamiko Hobbs, minors, Plaintiffs-Appellees, v. Albert JEYTE and Jessie Wheelwright, Defendants-Appellants.

Supreme Court of Hawai`i.

Reconsideration Denied August 26, 1998.

Attorney(s) appearing for the Case

Perry W. Confalone, Steven B.Jacobson and Stephanie A. Chin, of Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington, on the briefs, Honolulu, for defendants-appellants.

John Ishihara of Department of Labor and Industrial Relations, Hawai`i Civil Rights Commission, State of Hawai`i.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

NAKAYAMA, Justice.

Defendant-appellants Albert Jeyte and Jessie Wheelwright appeal from the circuit court's dismissal of their counterclaim against the Hawai`i Civil Rights Commission (HCRC) for negligent investigation and negligent or intentional infliction of emotional distress. On appeal, appellants argue that: (1) the discretionary function exception to the State Tort Liability Act does not bar their claims; and (2) their counterclaim stated claims upon which...

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