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Case 1:15-cv-00452-KSC-NONE Document 1 Filed 10/27/15 Page 1 of 8

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ERIC A. SEITZ
ATTORNEY AT LAW
A LAW CORPORATION
ERIC A. SEITZ
1412
DELLA AU BELATTI
7945
SARAH ROSE DEVINE
9673
820 Mililani Street, Suite 714
Honolulu, Hawaii 96813
Telephone: (808) 533-7434
Facsimile: (808) 545-3608
Attorneys for Plaintiffs
Courtney Wilson and Taylor Guerrero
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
COURTNEY WILSON; TAYLOR
GUERRERO,
Plaintiffs,
vs.
BOBBY HARRISON; CITY AND
COUNTY OF HONOLULU;
JOHN/JANE DOE DEFENDANTS
1-10,
Defendants.

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Civil No. 15-00452

COMPLAINT FOR DAMAGES;


DEMAND FOR JURY TRIAL

COMPLAINT FOR DAMAGES


Plaintiffs COURTNEY WILSON and TAYLOR GUERRERO, by
and through their undersigned attorneys, allege as follows:

Case 1:15-cv-00452-KSC-NONE Document 1 Filed 10/27/15 Page 2 of 8

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Introduction
1.

This is an action to redress the deprivation of rights, privileges,

and immunities secured to Courtney Wilson and Taylor Guerrero under the
Constitutions of the United States and the State of Hawaii, 42 U.S.C. 1983 et
seq., and Part I, Chapter 489, Haw. Rev. Stat. et seq., inter alia.
Parties
2.

Plaintiff Courtney Wilson (hereinafter "Plaintiff Wilson") is

and has been a resident of Groton, Connecticut, at all times pertinent hereto.
3.

Plaintiff Taylor Guerrero (hereinafter "Plaintiff Guerrero") is

and has been a resident of San Pedro, California, at all times pertinent hereto.
4.

Upon information and belief, Defendant BOBBY HARRISION

(hereinafter "Defendant Harrison") is and has been a resident of the City and
County of Honolulu, State of Hawaii, and an employee of the Honolulu Police
Department at all times pertinent hereto. Defendant Harrison is sued herein in both
his individual and official capacities.
5.

Defendant City and County of Honolulu is and has been a duly

organized municipal corporation of the State of Hawaii at all times pertinent


hereto.

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6.

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Defendants John/Jane Doe Defendants 1-10 (hereinafter "Doe

Defendants") are individuals whose true identities and capacities are as yet
unknown to the Plaintiffs and their counsel, despite diligent inquiry and
investigation, and who acted herein as described more particularly below in
connection with the breaches of duties and/or violations of law alleged herein and
who in some manner or form not currently discovered or known to Plaintiffs may
have contributed to or be responsible for the injuries alleged herein. The true
names and capacities of the Doe Defendants will be substituted as they become
known.
Jurisdiction
7.

The civil rights claims asserted herein present a question of

federal law thereby conferring jurisdiction upon the court under 42 U.S.C. 1983
and 28 U.S.C. 1331 and 1343, inter alia.
8.

Any and all state law claims alleged herein arise from the same

acts and/or omissions set forth below and fall within the court's supplemental
jurisdiction under 28 U.S.C. 1367.
9.

Venue resides in the United States District Court for the District

of Hawaii pursuant to 28 U.S.C. 1391(b), inter alia, as all of the events, acts,
and/or omissions described herein occurred in the State of Hawaii.

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Factual Allegations
10.

In the early afternoon of March 3, 2015, while on vacation in

Hawaii, Plaintiffs Wilson and Guerrero entered Foodland Pupukea store to


purchase something to eat.
11.

At or about that same time Defendant Harrison was shopping at

the same store in his police uniform.


12.

While walking through the store aisles Plaintiffs held hands and

at one point stopped, hugged, and kissed.


13.

Defendant Harrison observed their consensual romantic contact

and, in a loud voice, ordered Plaintiffs to stop and "take it somewhere else."
14.

Plaintiffs immediately complied with Defendant Harrison's

directive and continued their shopping out of view from Defendant Harrison.
15.

Shortly thereafter Defendant Harrison reportedly observed them

engaged in similar consensual contact, ordered Plaintiffs to stop, and threatened to


have them thrown out of the store.
16.

Defendant Harrison then sought out the store manager at

another location in the store, described what he had observed, and encouraged the
manager to issue written trespass warnings to Plaintiffs.

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17.

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Plaintiffs are informed and believe, and thereupon allege that

Defendant Harrison's conduct was motivated by invidious discriminatory animus


toward gay/same-sex couples.
18.

Defendant Harrison then took it upon himself to confront

Plaintiffs while they were in line at one of the check-out stands and informed them
that the store was going issue them a written trespass notice barring them from
entering or remaining in the store.
19. Defendant Harrison then directed Plaintiffs to move out of the
cashier line in which they were standing.
20.

After voicing her displeasure with Defendant Harrison's

conduct, Plaintiff Wilson pulled out her cell phone and called 911 to report
Defendant Harrison's unlawful harassment and turned to go outside the store so she
could describe where she was located.
21.

Defendant Harrison then forcefully seized Plaintiff Wilson

preventing her from leaving the store and completing her 911 call.
22.

When Plaintiff Guerrero attempted to move herself between

Defendant Harrison and Plaintiff Wilson, Defendant Harrison threw Plaintiff


Guerrero on to the ground, striking Plaintiff Wilson in the process, and placed both
of them in restraints.

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23.

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Defendant Harrison then placed Plaintiffs under arrest for

assault on a law enforcement officer resulting in the Plaintiffs' detention for


approximately two days until they posted bail and were released.
24.

Charges against Plaintiffs later were withdrawn and dismissed

with prejudice.
25.

Plaintiffs are informed and believe, and thereupon allege that

Defendant Harrison's acts were committed with the intent to discriminate against
them on the basis of their sexual preference.
26.

As a direct and proximate result of Defendant Harrison's

conduct described above Plaintiffs suffered physical injuries.


27.

As a direct and proximate result of Defendant Harrison's

conduct described above Plaintiffs have suffered great humiliation, embarrassment,


and emotional distress, anxiety, worry, and concern.
First Cause of Action
28.

Plaintiffs hereby incorporate all of the allegations contained in

Paragraphs 1 through 27 above.


29.

Plaintiffs are informed and believe, and thereupon allege, that

Defendant Harrison seized and detained Plaintiffs under color of statutes,


ordinances, rules, regulations, customs, policies, practices, and/or usages of the
City and County of Honolulu, and/or the Honolulu Police Department.
6

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30.

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Plaintiffs are informed and believe, and thereupon allege, that

the acts of Defendant Harrison described above were without probable, sufficient,
just, or reasonable cause in violation of rights guaranteed to Plaintiffs under the
Fourth Amendment to the United States Constitution, and Article I of the
Constitution of the State of Hawaii, inter alia.
Second Cause of Action
31.

Plaintiffs hereby incorporate all of the allegations contained in

Paragraphs 1 through 27 above.


32.

Plaintiffs are informed and believe, and thereupon allege, that

Defendant Harrison discriminated against Plaintiffs on the basis of their sexual


orientation in violation of rights to equal protection guaranteed to Plaintiffs under
the Fourteenth Amendment to the United States Constitution, and Part I of Chapter
489, Haw. Rev. Stat., inter alia.
Third Cause of Action
33.

Plaintiffs hereby incorporate all of the allegations contained in

Paragraphs 1 through 27, above.


34.

Plaintiffs at no time consented to or provoked Defendant

Harrison to touch them.

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35.

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Plaintiffs are informed and believe, and thereupon allege, that

Defendant Harrison committed an assault and battery upon Plaintiffs thereby


causing the injuries complained of herein.
36.

Plaintiffs are informed and believe, and thereupon allege, that

Defendant Harrison acted herein knowingly, intentionally, deliberately, willfully,


and/or maliciously.
WHEREFORE Plaintiffs pray for relief as follows:
1.

For general damages according to the proof thereof at trial;

2.

For special damages according to proof thereof at trial;

3.

Punitive damages according to proof thereof at trial;

4.

For reimbursement of their costs and expenses herein, including

reasonable provision of their attorneys' fees; and


5.

For such further relief and additional relief as the court deems

appropriate and just.


DATED: Honolulu, Hawaii, October 27, 2015.

/s/ Eric A. Seitz


ERIC A. SEITZ
DELLA A. BELATTI
SARAH R. DEVINE
Attorneys for Plaintiffs
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