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TAMASHIRO v. DEPARTMENT OF HUMAN SERVICES

No. 24552.

146 P.3d 103 (2006)

Myles TAMASHIRO, Warren Toyama, Heather Farmer, Filo Tu, Jeanette Tu, Lynn Misaki, Clyde Ota, Miriam Onomura, and Yoshiko Nishimura, Plaintiffs-Appellees/Cross-Appellants, v. DEPARTMENT OF HUMAN SERVICES, State Of Hawai`i; Stephen Teeter, in his capacity as Business Manager for Ho`Opono, Joe Cordova, in his capacity as Administrator of the Division of Vocational Rehabilitation, State of Hawai`i, Department of Human Services; Dave Eveland, in his capacity as Administrator of the Services to the Blind Branch of the State of Hawai`i, Department of Human Services; and Lillian B. Koller, in her capacity as Director of the State of Hawai`i, Department of Human Services, Defendants-Appellants/Cross-Appellees, and City and County of Honolulu, Defendant.

Supreme Court of Hawaii.

October 27, 2006.

Attorney(s) appearing for the Case

Dorothy Sellers, Deputy Attorney General, on the briefs, for defendants-appellants/cross-appellees.

Evan R. Shirley, Honolulu, Gregory A. Ferren, Stanley E. Levin, Honolulu, and Ann Williams, on the briefs, for plaintiffs-appellees/cross-appellants.

MOON, C.J., NAKAYAMA, J., and Circuit Judge WATANABE, in place of DUFFY, J., recused; Circuit Judge POLLACK, in place of LEVINSON, J., recused, dissenting, with whom ACOBA, J., joins.

Opinion of the Court by MOON, C.J.

This case arises from the alleged failure of defendants-appellants/cross-appellees Department of Human Services (DHS), State of Hawai`i (the State), Lillian B. Koller, Joe Cordova, Dave Eveland, and Stephen Teeter2 [hereinafter, collectively, the State defendants] to enforce Hawai`i Revised Statutes (HRS) §§ 102-14 (Supp.2005) and 347-12.5 (1993), quoted infra, and the implementing regulation...

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