During the COVID-19 pandemic, a group of incarcerated individuals alleged that conditions within Hawaii prisons were contributing to disease outbreaks. The parties settled when the Department of Public Safety agreed to permit an independent panel to review the facilities and provide guidance and recommendations. The monitoring panel produced six reports from October 2021 to March 2022. In response to a request from the Civil Beat Law Center for the Public Interest, the Department refused to release any portion of the reports, claiming the reports were protected by the attorney work product doctrine and deliberative process privilege. The case was assigned to the Honorable John M. Tonaki. No. 1CCV-22-735. On January 25, 2023, Judge Tonaki ordered the reports disclosed.
- Complaint (6/24/22)
- Answer (7/18/22)
- Defendant’s Motion for Summary Judgment (11/18/22)
- CBLC Cross-Motion for Summary Judgment (12/21/22)
- Defendant’s Opposition and Reply Memorandum (1/11/23)
- CBLC Reply Memorandum (1/13/23)
- Order Denying Defendant’s Motion (1/25/23)
- Order Granting CBLC’s Motion (1/25/23)
Disclosed Records
- First Report (10/10/21)
- Second Report (11/16/21)
- Third Report (12/24/21)
- Fourth Report (1/24/22)
- Fifth Report (2/24/22)
- Sixth Report (3/22/22)
- All Reports (zip file)