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GORDON v. MAESAKA-HIRATA

SCWC-14-0000914.

431 P.3d 708 (2018)

Mukadin GORDON, Petitioner/Plaintiff-Appellant, v. Jodie F. MAESAKA-HIRATA; Petra Cho; and State of Hawai`i, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

November 2, 2018.

Attorney(s) appearing for the Case

Eric A. Seitz , ( Della A. Belatti , Bronson Avila , and Sarah R. Devine , Honolulu, with him on the briefs) for petitioner.

Kendall J. Moser , ( Russell A. Suzuki and Caron M. Inagaki , Honolulu, with him on the briefs) for respondents.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND POLLACK, JJ., WITH WILSON, J., DISSENTING.

I. Introduction

Pretrial detainees — individuals who have been arrested and charged, but remain in jail while awaiting trial — have a due process right to be free from punishment until convicted of a crime. Bell v. Wolfish

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