Namauu v. City And County of Honolulu

Plaintiffs-appellants George Namauu, III, Administrator of the Estate of Junedale Namauu, and individually, Sarah K. Namauu, Robert Kepoo, Laverne Toki, Beatrice Toutai, Remona Kepoo, David Namauu and Margaret Namauu, by her Prochein Ami, George Namauu III (all of whom are hereinafter referred to as appellants), brought an action against Randall C. Nakea, the State of Hawaii, the City and County of Honolulu, the County of Hawaii and named and unnamed individuals. Appellants alleged in their complaint that Randall C. Nakea sexually attacked and shot and killed their decedent, Junedale Namauu on October 10, 1974. They further alleged that the police departments of the two counties were negligent in failing to apprehend Nakea who had left the out-patient program to which he had been assigned by the State Hospital. The City and County of Honolulu (City) and the County of Hawaii, hereinafter jointly referred to as appellees, moved for judgments on the pleadings which were granted and appellants have appealed. We affirm.