Jane Doe v. State of Hawaii

Case 1:17-cv-00164-LEK-RLP Document 1 Filed 04/10/17 Page 1 of 21 PageID #: 1
MYLES S. BREWER 4364

841 Bishop Street, Suite 2115
Honolulu, Hawaii 96813
Telephone: (808) 526-3426
E-Mail: Myles(a~Breinerlaw.net
Attorney for Plaintiff

JANE DOE
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JANE DOE Civ No.
COMPLAINT FOR
DAMAGES;DEMAND FOR
Plaintiff, JURY TRIAL; SUNIlVIONS
v.
STATE OF HAWAII;
KATHRYN MATAYOSHI,
in her capacity as Superintendent of
Schools; NAOMI TAKEMORI,
individually, and in her capacity as
Principal of James P. Campbell High
School; JOHN HENRY LEE,individually,
and in his capacity as Principal of James P.
Campbell High School; KEVIN
NAGAMINE,individually, and in his
capacity as an employee the State of
Hawaii Department of Education;
MICHAEL HERMOSURA,individually,
and in his capacity as an employee ofthe
State of Hawaii Department of Education;
DUANE IZUMI,individually, and in his
capacity as an employee the State of
Hawaii Department of Education;

SAMUEL DELOS REYES,individually,
and in his capacity as an employee the
State of Hawaii Department of Education,
Defendants. )
COMPLAINT FOR DAMAGES
COMES NOW Plaintiff JANE DOE,a fictitious name used to protect
Plaintiff's privacy interest, by and through her attorney, MYLES S. BREWER,
and for her Complaint against the above-named Defendants, alleges and avers as
follows:
FACTUAL BACKGROUND
Plaintiff Jane Doe (hereinafter "Plaintiff') seeks compensation for injuries
following a sex assault upon her by girls softball coach Defendant KEVIN
NAGAMINE (hereinafter "Defendant Nagamine"). Plaintiff was sexually
assaulted while she was a student at James P. Campbell High School by Defendant
Nagamine. Plaintiff's injuries are due to Defendants' failure to properly hire, train,
supervise and retain personnel, Defendants' disregard for an obvious and ongoing
pattern and practice of sexual abuse of students, an intentional disregard for the
safety ofPlaintiff and others similarly situated at James P. Campbell High School,
and Defendants' invasion of Plaintiff s right to bodily integrity. The State of
Hawaii's failure to properly hire, train, supervise and retain personnel at James P.
Jane Doe v. State of Hawaii
Complaint for Damages
Campbell High School and the policies and procedures in place create an unsafe
and threatening environment for female students.
JURISDICTION
1. All parties resided or were duly incorporated in the State of Hawaii at
time of the alleged incidents.
2. Plaintiff was, at all relevant times herein, a resident ofthe City and
County of Honolulu, State of Hawaii.
3. The situs of the tortious acts is James P. Campbell High School in
Honolulu, Hawaii.
4. Plaintiff's first claim arises out of42 U.S.0 1983, and subject matter
jurisdiction is proper in the United States District Court for the District of Hawaii.
5. Plaintiff's second claim arises out of Title IX,20 U.S.0 1681 et seq.
(AKA The Patsy Takemoto Mink Equal Opportunity in Education Act) and subject
matter jurisdiction is proper in the United States District Court for the District of
Hawaii
6. Plaintiffs ancillary claims are appropriate jurisdiction for the United
States District Court for the District of Hawaii.
7. Defendant's Matayoshi, Takamori, Lee, Nagamine, Hermosura,Izumi
and Delos Reyes were, at all relevant times herein, employed by the State of
Hawaii.
Jane Doe v. State of Hawaii 3

8. Defendant's Matayoshi, Takamori, Lee, Nagamine, Hermosura,
Izumi and Delos Reyes were, at all relevant times herein, residents ofthe State of
Hawaii.
PARTIES
9. Plaintiff is and was all times relevant to this Complaint a resident of
the City and County of Honolulu, State of Hawaii.
10. Defendant State of Hawaii (hereinafter "State") is and was at all times
relevant hereto a governmental entity operating The Department of Education as an
employer and under color of law.
1 1. Defendant KATHERYN MATAYOSHI("Defendant Matayoshi") is
and was at all relevant times herein Superintendent ofthe Department of
Education, employed by the State of Hawaii. She is sued in her official capacity
and as said Superintendent.
12. Defendant NAOMI TAKAMINE,(hereinafter "Defendant
Takamine") was previously the Principal of James P. Campbell High School.
Defendant Takamine is sued both in her individual capacity and in her official
capacity as Principal.
13. Defendant JON HENRY LEE,(hereinafter "Defendant Lee")is and
was at times relevant to this Complaint, the Principal of James P. Campbell High

School. Defendant Lee is sued both in his individual capacity and in his official
capacity as Principal.
14. Defendant KEVIN NAGAMINE,(hereinafter "Defendant
Nagamine")is and was at all times relevant hereto an Assistant Women's Softball
Coach at James P. Campbell High School, employed by the State of Hawaii
Department of Education. His actions were under color of state law, and he is sued
both in his individual capacity as and an employee of the State of Hawaii.
15. Defendant MICHAEL HERMOSURA,(hereinafter "Defendant
Hermosura") is and was at all times relevant hereto a Women's Softball Coach at
James P. Campbell High School, employed by the State of Hawaii Department of
Education. His actions were under color of state law, and he is sued both in his
individual capacity as and an employee of the State of Hawaii.
16. Defendant DUANE IZUMI,(hereinafter "Defendant Izumi") was
previously the Athletic Director at James P. Campbell High School, employed by
the State of Hawaii Department of Education. His actions were under color of state
law, and he is sued both in his individual capacity as and an employee of the State
of Hawaii.
17. Defendant SAMUEL DELOS REYES,(hereinafter "Defendant Delos
Reyes") is and was at times relevant hereto the Athletic Director at James P.
Campbell High School, employed by the State of Hawaii Department of Education.

His actions were under color of state law, and he is sued both in his individual
capacity as and an employee of the State of Hawaii.
FACTUAL ALLEGATIONS
18. For the relevant time period on or about September 2012 through
June 2016, Plaintiff was a student and member ofthe girls softball team at James
P. Campbell High School. Plaintiffjoined the team when she was a 14 year-old
Freshman in 2012.
19. Plaintiff has been playing softball since she was a young girl,
playing on championship teams in Hawaii before entering high school. Plaintiff
was raised to respect her coaches, to trust them and to listen to their advice as
authority figures. She entered high school with a high level of excitement and
anticipation, knowing that softball would be a large part of her life and her future
success, with an eye on college and a career.
20. Beginning in or about September 2012 and continuing through June
2016, Defendant Nagamine was Plaintiff's Junior Varsity softball coach, and
subsequently, assistant coach when Plaintiff was playing Varsity softball at James
P. Campbell High School.
21. Defendant Nagamine worked with girls on the softball team from the
ages of 14 to 18 years, providing athletic training, exercise training, diet training

and team building skills. Young girls were entrusted in his care for several hours
each day and he had responsibility for and control over their activities.
22. Starting in 2012, when Plaintiff was 14 years old, Defendant
Nagamine began grooming Plaintiff, encouraging, manipulating and befriending
her by giving her inappropriate gifts and presents, including but not limited to a
bag, a jacket, a bracelet, a ring, a necklace and an "infinity charm". Plaintiff
received special treatment from Defendant Nagamine in exchange for her
friendship with him. Defendant Nagamine gave Plaintiff physical and emotional
hugs and placed her on a pedestal above the other players on the team. Defendant
Nagamine gave Plaintiff rides home from practice after school, gave her food and
snacks, took her out to eat after practice and gave her excessive attention, all to
make her feel special and close with him. Defendant Nagamine worked to gain the
trust of Plaintiff.
23. Plaintiff looked up to Defendant Nagamine as a father figure and a
school authority figure. Defendant Nagamine went further encouraging Plaintiff to
trust him and confide in him with her female adolescent issues and concerns about
herself and her family. Defendant Nagamnie confided in Plaintiff, well above any
appropriate level for a school authority fugure, discussing with her his adult family
issues and concerns, including his deteriorating sex life with his current wife.
Defendant Nagamine created a position oftrust and reliance with Plaintiff.

24. Beginning in or around February 2016, as soon as Plaintiff turned 18
years old, Defendant Nagamine manipulated and encouraged Plaintiff to engage in
sexual acts with him, in his car and at his marital residence. Defendant Nagamine
had Plaintiff sleep at his home on weekends to engage in sexual activities with her.
Defendant Nagamine engaged in unprotected sexual intercourse with Plaintiff and
provided her with a plan "B" birth control pill after having sex to prevent her from
becoming pregnant. Defendant Nagamine promised Plaintiff that they would have
a wonderful life together, notwithstanding his current marriage to a prior student
athlete from James P. Campbell High School.
25. Defendants were or should have been aware of Defendant Nagamine's
sexual activities with female students. Based upon information and belief,
Defendant Nagamine previously had a relationship with a female student softball
player at James P. Campbell High School between the years 1997 and 2000.
Defendant Nagamine, himself a 1996 graduate of James P. Campbell High School,
began coaching women's softball in 1997 at his alma mater, and began a
relationship with one of his female softball team students in or about 1997, when
she was 14 years old. Defendant Nagamine subsequently groomed that student,
and ultimately married that student with whom he was having a relationship,
immediately following her graduation from James P. Campbell High School.
Defendants actually knew or should have known ofthe ongoing relationship with

that student while Defendant Nagamine was a coach. The subsequent marriage
between the coach and his now former student immediately upon her graduation
constitutes actual knowledge ofthe propensity of Defendant Nagamine to sexually
engaged with his students.
26. Upon information belief, Defendant Nagamine, as a result of his
previous relationship with his softball team student between the years 1997 and
2000, was terminated and/or he resigned from his coaching position at James P.
Campbell High School. He was subsequently re-hired by Defendants Hermosura,
Izumi and/or Delos Reyes, despite the actual knowledge of his prior sexual
activities, and remained coaching up to the year 2016 when his relationship with
Plaintiff was exposed.
27. Despite his tortious conduct dating back to 1997, and his resignation
and/or termination from coaching for engaging in a relationship with a softball
team student, Defendant Nagamine was re-hired as a girls softball coach and
allowed by Defendants to remain as a coach for female softball playing students
and engage in whatever tortious activities he fancied.
28. Defendant Hermosura, the Uncle of Defendant Nagamine, was a
girls' softball coach, personally involved in the re-hiring of Defendant Nagamine.
Defendants Izumi and/or Delos Reyes were the Athletic Directors for James P.

Campbell high School and were personally and processionally responsible for the
hiring, termination and re-hiring of Defendant Nagamine.
COUNT I 42 U.S.C. 1983
29. Plaintiffs re-alleges and incorporates by reference paragraphs 1-28.
30. Defendant State of Hawaii, Department ofEducation, failed to
provide procedures and premises that insure the safety ofthe female students under
their care and control, including, but not limited to, by hiring, terminating and re-
hiring Defendant Nagamine as a girls softball coach despite actual knowledge of
his prior relationship with a softball playing student at James P. Campbell High
School and his termination and/or resignation from coaching for his pedofile
activities at the same school location.
31. Defendant State of Hawaii, and Defendants Takamori, Lee,
Hermosura, Izumi and/or Delos Reyes had actual notice of Defendant Nagamine's
relationship with a softball playing student at James P. Campbell High School and
actual knowledge ofthe sex abuse that arises when hiring poorly trained and
supervised male coaches dating back to at least 1997 when Defendant Nagamine
began his relationship with a student softball player.
32. Defendant State of Hawaii set up a pattern and practice of acceptance
of sexual abuse at James P. Campbell High School by intentionally disregarding

actual knowledge of a 20 year history of an unethical and illicit and relationship
between a girls softball coach and his softball playing student.
33. Defendants are responsible for the harm to Plaintiff due to ignoring
obvious and ongoing sexual abuse despite actual knowledge of Defendant
Nagamine's prior relationship with a student and his previous termination from
coaching. Defendants knowingly created a dangerous environment by re-hiring
Defendant Nagamine despite their actual knowledge of his pedofile nature,
intentionally disregarded the danger they were creating for softball playing girls.
Defendants deliberately created a dangerous environment that led to an otherwise
preventable injury.
34. Defendants acted in concert and/or were complicit in confining
Plaintiff, sexually abusing her, providing her with gifts and a promise of a future
life together.
35. Defendants Takamori and Lee were the Principals at James P.
Campbell High School and each could have individually changed or enforced any
and all hiring and supervision policies and procedures, including but not limited to
hiring and retention policies and maintenance of employment files, pre-hiring
screening procedures and pre-hiring investigations of prior employees, and
inadequate supervision of male coaches for girls softball, all of which were the
cause of Plaintiff's injuries.

36. Defendants Izumi and Delos Reyes were the Athletic Directors at
James P. Campbell High School and each could have individually changed or
enforced any and all hiring and supervision policies and procedures, including but
not limited to hiring and retention policies and maintenance of employment files,
pre-hiring screening procedures and pre-hiring investigations of prior employees,
and inadequate supervision of male coaches for girls softball, all of which were the
cause ofPlaintiff's injuries.
37. Defendants, through the acts and omissions outlined above, were the
proximate cause of Plaintiff's injuries.
38. Defendants acted under color of law by failing to change or enforce
any and all hiring and supervision policies and procedures, including but not
limited to hiring and retention policies and maintenance of employment files, pre-
hiring screening procedures and pre-hiring investigations of prior employees, and
inadequate supervision of male coaches for girls softball, all of which were the
cause of Plaintiffls injuries.
COUNT II Fourth and Fourteenth Amendments
39. Plaintiffs re-allege and incorporate by reference paragraphs 1-38.
40. Public school children in Hawaii have a reasonable expectation of
privacy, to be free from forced bodily intrusion. Defendant's pattern and practice,
and acceptance of sexual assault, is not reasonably related to any legitimate

educational interest. Defendants practice of indifference to the ongoing sexual
assault and deliberate indifference to the substantial risk of sexual assault at James
P. Campbell High School violates Plaintiff's right to privacy under the Fourth and
Fourteenth Amendments to the Constitution ofthe United States.
COUNT III Fourteenth Amendment
42. Public school children in Hawaii have a liberty interest in his or her
bodily integrity protected by the due process clause ofthe Fourteenth Amendment.
Defendant's pattern and practice, and acceptance of sexual assault, and practice of
intentional indifference to the ongoing sexual assault and deliberate indifference to
the substantial risk of sexual assault at James P. Campbell High School violates the
due process clause of the Fourteenth Amendments to the Constitution ofthe United
States.
COUNT IV -Title IX
44. Hawaii was a leader in the fight for federal protection against sex
discrimination in education through the efforts of Senator Patsy Mink of Hawaii.
She fought tirelessly against the discrimination of women in education and was
instrumental in passing Title IX, a federal legislative action aimed at allowing
women free access to education without the barriers of discrimination. Women's

rights to play sports were endorsed and protected, along with a right to be free
from sexual harassment while engaged in sports. Plaintiff's right to play softball,
and to be free from sexual discrimination and harassment, arose from the efforts of
Senator Mink.
45. Title IX,20 U.S.0 1681 et seq., also known as the "Patsy Takemoto
Mink Equal Opportunity in Education Act", protects students from sexual
harassment and sex discrimination in educational activities operated by recipients
offederal funding.
46. The Constitution ofthe State of Hawaii, Article X,Education,
provides for the establishment, support and control of a statewide system of public
schools free from discrimination because of race, religion, sex or ancestry. Article
XIV, Code of Ethics, requires each state employee to be governed by a Code of
Ethics to ensure "that public officers and employees e~iibit the highest standards
of ethical conduct and that these standards come from the personal integrity of
each individual in government".
47. The State of Hawaii, Department of Education, has established a
Code of Conduct, that establishes and explains the Department's expectation that
they are serving as positive role models for students and that they are engaging in
conduct and behavior contributing to an appropriate learning environment and a
'Constitution ofthe State of Hawaii 1978

professional workplace. Part E, A~pro~riate Interaction with Students, prohibits
the following:
1) The Employee shall not commit any abusive act or sexual exploitation
with, to, or in the presence of a student, whether or not that student is or has been
under the care or supervision ofthat Employee, as defined below:
b)Any sexual act;
c)Any solicitation of a sexual act;
e)Any act of sexual harassment, or any other type of discrimination,
as defined by law;
~ Any intentional solicitation, encouragement or consummation of a
romantic or physical relationship with a student , or any sexual
contact with a student. The term "romantic relationship" shall
include dating a student.2
48. Defendant State of Hawaii, Department of Education, failed to follow
their own Code of Ethics and provide procedures and premises that insure the
safety ofthe female students under their care and control, including, but not limited
to, by hiring, terminating and re-hiring Defendant Nagamine as a girls' softball
coach despite actual knowledge of his prior relationship with a softball playing
2 State of Hawaii, Department of Education, Code of Conduct 12/11/2014

student at James P. Campbell High School and his termination and/or resignation
from coaching for his pedofile activities at the same school location.
49. Defendant State of Hawaii, and Defendants Takamori, Lee,
Hermosura, Izumi and/or Delos Reyes had actual notice of Defendant Nagamine's
sexual relationship with a softball playing student at James P. Campbell High
School beginning in or around 1997. Defendant State of Hawaii, and Defendants
Takamori, Lee, Hermosura,Izumi and/or Delos Reyes had actual knowledge of his
termination or departure from coaching because of his sexual relationship. Yet
Defendants, each ofthem, thereafter either recommended, conducted and/or
authorized his re-hiring as a girls' softball coach.
50. Defendants Takamori, Lee, Hermosura, Izumi and/or Delos Reyes
had actual knowledge and notice of Defendant Nagamine's prior sexual
relationship with a student, had authority to address and remedy the sex
discrimination and intentionally and deliberately took no action to refuse or deny
the reinstatement of Defendant Nagamine, all to the detriment of Plaintiff herein.
COUNT V Negligence
52. Defendants Matayoshi, Takamori, Lee, Hermosura,Izumi and/or
Delos Reyes ,were negligent in their actions, omissions, failures to institute or
adhere to proper hiring and retention policies and procedures.

53. Defendants Matayoshi, Takamori, Lee, Hermosura, Izumi and/or
Delos Reyes had a special duty to insure the safety of Plaintiff while she was a
student at James P. Campbell High School and in the custody and care of
Defendants.
54. Defendants Matayoshi Takamori, Lee, Hermosura,Izumi and/or
Delos Reyes breached their duty to insure the safety of Plaintiff by negligently
failing to properly hire, retain and supervise Defendant Nagamine.
Delos Reyes breached their duty to insure Plaintiff's safety while a student, and
that breach was the direct and proximate cause of Plaintiff's harm. Defendant
Nagamine would not have been a coach at James P. Campbell High School from
2012 to 2016 if Defendants Matayoshi, Takamori, Lee, Hermosura,Izumi and/or
Delos Reyes had adequately performed their duty to screen and properly hire
employees.
Delos Reyes could reasonably have foreseen the traumatic consequences of their
negligence by re-hiring and retaining a pedofile as a girls softball coach.
COUNT VI Negligent Hiring, Training and Supervision

Delos Reyes are responsible for the planning and supervision ofthe screening,
hiring, training and supervision of employees in the State of Hawaii, and
specifically at James P. Campbell High School.
Delos Reyes ,through their respective departments, actions and inactions, failed to
properly screen, hire, train, supervise and retain Defendant Nagamine.
Delos Reyes' actions and inactions were the proximate cause ofPlaintiff's injuries
by and through their failure to properly screen, hire train, supervise and retain
Defendant Nagamine.
61. Defendant State of Hawaii is responsible through the doctrine of
Respondeat Superior for Plaintiffs' injuries.
Delos Reyes could reasonably have foreseen the traumatic consequences of their
negligence by re-hiring and retaining a pedofile as a girls softball coach.
COUNT VII Assault &Battery
64. Defendants Matayoshi, Takamori, Lee, Hermosura, Nagamine,Izumi
and/or Delos Reyes ,either actually or by complicity, are responsible for the sexual

assault of Plaintiff, which occurred while she was a student at James P. Campbell
High School.
COUNT V II Intentional Infliction of Emotional Distress
66. Defendants actually knew their actions would cause Plaintiff severe
emotional distress, and acted with wanton disregard ofthe rights of Plaintiff.
67. As a direct and proximate result or Defendants actions, Plaintiff
sustained severe emotional distress.
COUNT IX Ne~li~ent Infliction of Emotional Distress
69. Defendants acted with negligent disregard for care and welfare of
Plaintiff.
70. Defendants, each ofthem, owed Plaintiff a duty of care.
71. As a direct and proximate result of Defendants actions, Defendants
breached their duty of care, and Plaintiff sustained severe emotional distress.
COUNT X False Imprisonment
73. Defendants either actually or by complicity, caused Plaintiff to be
restrained against her will and by force of coercion.

74. Defendants, by and through their actions, omissions, or failures to act
were the direct and proximate cause ofPlaintiff s injuries.
COUNT XI -Punitive Damages
76. Defendants Matayoshi, Takamori, Lee and Nagamine,Izumi,
Hermosura and Delos Reyes, individually,jointly, separately or collectively
participated in, and/or omitted to perform acts legally required ofthem in
deliberate indifference to a substantial risk of serious harm to Plaintiff and or the
deprivation of her liberty interests and rights and/or acted with a willful and
wanton disregard for the rights and liberties ofPlaintiff and others similarly
situated.
WI~REFORE,Plaintiff prays for relief as follows:
1. For general damages in an amount to be proven at trial;
2. For special damages including consequential damages in an amount to
be proven at trial;
3. For punitive damages in an amount sufficient to deter similar
behavior;
4. For reimbursement of costs and expenses herein, including
reasonable provision for attorneys' fees pursuant to 42 U.S.0 1983
and Title IX;

5. For pre and post judgment interest; and
6. For such further and additional relief as the Court deems appropriate
and just.
Dated: Honolulu, Hawaii ~ '~ ,2017
MYLES S. BRE
Attorney for Plaintiff


Jane Doe v. State of Hawaii

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Case 1:17-cv-00164-LEK-RLP Document 1 Filed 04/10/17 Page 1 of 21 PageID #: 1

MYLES S. BREWER 4364

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

JANE DOE Civ No.

Hawaii Department of Education;

COMPLAINT FOR DAMAGES

COMES NOW Plaintiff JANE DOE,a fictitious name used to protect

Plaintiff's privacy interest, by and through her attorney, MYLES S. BREWER,

Plaintiff Jane Doe (hereinafter "Plaintiff') seeks compensation for injuries

NAGAMINE (hereinafter "Defendant Nagamine"). Plaintiff was sexually

and Defendants' invasion of Plaintiff s right to bodily integrity. The State of

and threatening environment for female students.

1. All parties resided or were duly incorporated in the State of Hawaii at

time of the alleged incidents.

County of Honolulu, State of Hawaii.

3. The situs of the tortious acts is James P. Campbell High School in

6. Plaintiffs ancillary claims are appropriate jurisdiction for the United

States District Court for the District of Hawaii.

7. Defendant's Matayoshi, Takamori, Lee, Nagamine, Hermosura,Izumi