1. Home
  2. Browse Decisions
  3. F.3d
  4. 505 F.3d
  5. 505 F.3d 963 (2007)
 

DAY v. APOLIONA

No. 06-16625.

505 F.3d 963 (2007)

Virgil E. DAY; Mel Hoomanawanui; Josiah L. Hoohuli; Patrick L. Kahawaiolaa; Samuel L. Kealoha, Jr., Plaintiffs-Appellants, v. Haunani APOLIONA, individually and in her official capacity as Chairperson and Trustee of the Office of Hawaiian affairs; Rowena Akana; Dante Carpenter; Donald Cataluna; Linda Keawe'Ehu Dela Cruz; Colette Y. Pi`Ipi Machado; Boyd P. Mossman; Oswald K. Stender; John D. Waihee, IV, Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their official capacities for declaratory and prospective injunctive relief; sued in individual capacities for damages; Clayton Hee; Charles Ota, Former Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their individual capacities for damages, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2007.

Attorney(s) appearing for the Case

Walter R. Schoettle, Esq., Honolulu, HI, for Plaintiffs-Appellants.

Nadine Y. Ando, McCorriston, Miho, Miller & Mukai, Lisa W. Cataldo, McCorriston Miller Mukai MacKinnon LLP, Charleen M. Aina, DAG, AGHI-Office of the Hawaii Attorney General, Robert G. Klein, Honolulu, HI, for Defendants-Appellees.

Girard D. Lau, First Deputy Solicitor General, Honolulu, HI, for Putative Intervenor State of Hawaii.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The State of Hawaii was amicus curiae in this matter in proceedings before the district court and on appeal. It presented an argument that was potentially dispositive of this case, namely, that plaintiffs do not have individual rights under § 5(f) of the Hawaiian Admission Act that are enforceable through 42 U.S.C. § 1983. Defendants, including the state Office of Hawaiian Affairs (OHA), took no position with regard to that question.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases