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CASTRO v. MELCHOR

SCWC-12-0000753.

414 P.3d 53 (2018)

Leah CASTRO, individually and as Personal Representative of the Estate of Briandalynne Castro, deceased minor, Respondent/Plaintiff-Appellee, v. Leroy MELCHOR, in his official capacity; Wanna Bhalang, in her official capacity; Tomi Bradley, in her official capacity; State of Hawai`i; and Hawai`i Department of Public Safety, Petitioners/Defendants-Appellants, and Amy Yasunaga, in her official capacity; Roberta Marks, in her official capacity; Kenneth Zienkiewicz, M.D., in his official capacity; and Keith Wakabayashi, in his official capacity, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

AS AMENDED March 20, 2018.

Attorney(s) appearing for the Case

Marie Manuele Gavigan for petitioners.

Sue V. Hansen , Honolulu, for respondent, Leah Castro.

RECKTENWALD, C.J AND WILSON, J., WITH NAKAYAMA, J., CONCURRING SEPARATELY, AND McKENNA, J., WRITING SEPARATELY, WITH WHOM POLLACK, J., JOINS.

I. Introduction

This case arises from a complaint filed by Respondent Leah Castro (Castro), who had a stillbirth while she was incarcerated. Castro brought suit against Leroy Melchor, Wanna Bhalang, Tomi Bradley (all in their official capacities), the State of Hawai`i, and the Hawai`i Department of Public Safety...

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