On February 22, 2018, Civil Beat requested the arbitration decision concerning Darren Cachola. In September 2014, video surfaced that showed Cachola repeatedly beating a woman. After the Honolulu Police Department (HPD) sought to terminate Cachola, the State of Hawaii Organization of Police Officers (SHOPO) filed a grievance, and an arbitrator ordered him reinstated in February 2018. After HPD stated that it would release the arbitrator’s decision to the public, SHOPO filed a complaint to stop the City’s disclosure. Because SHOPO did not name Civil Beat as a party to the lawsuit, Civil Beat moved to intervene on May 30, 2018, to protect the public right to disclosure of the government information that it requested. The case was assigned to Judge Jeffrey P. Crabtree. Civil No. 18-1-823-05 JPC. On April 29, 2019, Judge Crabtree ordered disclosure of the arbitration decision and underlying HPD closing report with redactions. Final judgment entered May 24, 2019. SHOPO appealed, and Civil Beat cross-appealed. Judge Crabtree stayed the disclosure decision pending SHOPO’s appeal. On October 24, 2019, the Hawaii Supreme Court accepted the case on application for transfer. SCAP-19-450. The Supreme Court heard oral argument on December 8, 2020, and lifted the stay of disclosure pending appeal on December 16.
On September 17, 2021, the Hawaii Supreme Court issued its opinion, holding, among other things: (1) there is no private right of action under the UIPA to stop disclosure of records; (2) the constitutional right of privacy is not defined by UIPA privacy balancing; and (3) the public has a strong public interest in police misconduct records.
- Complaint (5/24/18)
- City Answer (6/20/18)
- Cross-Claim (9/26/18)
- City Answer to Cross-Claim (10/10/18)
- Civil Beat Motion to Intervene (5/30/18)
- City Response to Motion to Intervene (6/7/18)
- SHOPO Opposition to Motion to Intervene (6/8/18)
- Civil Beat Reply in Support of Motion (6/12/18)
- Order Granting Motion to Intervene (6/29/18)
- Civil Beat Motion to Dismiss or, Alternatively, for Summary Judgment (6/29/18)
- City Joinder to Motion (7/12/18)
- SHOPO Opposition to Motion (without exhibits) (7/12/18)
- Civil Beat Reply in Support of Motion (7/17/18)
- Order Granting in Part and Denying in Part Motion (8/13/18)
- SHOPO Motion to Clarify, Modify, or Correct Order (8/27/18)
- Civil Beat’s Opposition to Motion (9/5/18)
- City’s Opposition to Motion (9/6/18)
- Order Regarding Motion to Clarify (9/28/18)
- Order Vacating in Part 9-28-18 Order (1/3/19)
- Civil Beat Motion to File Cross-Claim (9/5/18)
- SHOPO’s Opposition to Motion (9/14/18)
- City Statement of Non-Opposition (9/17/18)
- Civil Beat’s Reply in Support of Motion (9/17/18)
- Order Granting Motion to File Cross-Claim (9/26/18)
- Supplemental Briefing (10/19/18)
- Further Supplemental Briefing
- SHOPO’s Supplemental Brief (1/14/19)
- CBLC Supplemental Brief (1/24/19)
- City Supplemental Brief (1/24/19)
- Order Regarding Disclosure (4/29/19)
- SHOPO Motion for Reconsideration (5/1/19)
- Civil Beat’s Opposition to Motion for Reconsideration (5/10/19)
- City’s Opposition to Motion for Reconsideration (5/13/19)
- SHOPO’s Reply to Civil Beat’s Opposition (5/15/19)
- SHOPO’s Reply to City’s Opposition (5/16/19)
- Order Denying Motion for Reconsideration (5/31/19)
- Final Judgment (5/24/19)
- SHOPO Motion for Stay Pending Appeal (6/20/19)
- Civil Beat Opposition to Motion for Stay (7/3/19)
- City Opposition to Motion for Stay (7/3/19)
- SHOPO Reply to Civil Beat Opposition (7/9/19)
- SHOPO Reply to City Opposition (7/9/19)
- Order Granting Stay Pending Appeal (8/1/19)
- Civil Beat Petition for Mandamus (regarding stay pending appeal) (9/5/19)
- Order Denying Petition for Mandamus (9/25/19)
- Record on Appeal – Part 1, Part 2, Part 3, Part 4, Part 5, Part 6 (in camera)
- SHOPO Notice of Appeal (6/20/19)
- SHOPO Opening Brief (10/17/19)
- Civil Beat Answering Brief (11/26/19)
- SHOPO Reply Brief (12/20/19)
- City Answering Brief (12/26/19)
- SHOPO Reply Brief (1/21/20)
- Civil Beat Notice of Cross-Appeal (6/27/19)
- Civil Beat Opening Brief (9/17/19)
- City Statement Regarding Cross-Appeal (11/25/19)
- SHOPO Answering Brief (11/27/19)
- Civil Beat Reply Brief (12/11/19)
- Civil Beat Application for Transfer (9/25/19)
- SHOPO Partial Joinder (9/30/19)
- City Joinder (10/2/19)
- Order Granting Application for Transfer (10/24/19)
- Civil Beat Motion to Lift Stay Pending Appeal (10/31/19)
- Supplemental Briefs after Act 47
- Civil Beat Supplemental Brief (10/8/20)
- City Supplemental Brief (10/8/20)
- SHOPO Supplemental Brief (10/8/20)
- SHOPO Response to Civil Beat (10/16/20)
- SHOPO Response to City (10/16/20)
- City Response to SHOPO (10/19/20)
- Civil Beat Response to SHOPO (10/19/20)
- Oral Argument (audio) (12/8/20)
- Order Lifting Stay Pending Appeal (12/16/20)
- Released: Redacted Arbitration Decision (12/16/20)
- Released: Redacted Closing Report (12/22/20)
- Opinion (9/17/21)