Hirano v. Sand Island Treatment Ctr

Full title: DOUGLAS A. HIRANO, #87378-022, Plaintiff, v. SAND ISLAND TREATMENT CENTER…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Civil. No. 20-00473 DKW-WRP

Date published: Jan 25, 2021

Fact:

Before the Court is pro se Plaintiff Douglas A. Hirano’s (“Hirano”) Verified Amended Complaint (First Amended Complaint or “FAC”) brought pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680. ECF No. 11. Hirano is currently incarcerated at the Federal Detention Center, Honolulu (“FDC-Honolulu”). He alleges that Defendants violated “the Constitution and laws of the United States and State of Hawaii” during the course  of his residential treatment program at the Sand Island Treatment Center (“SITC”) in August 2020.

Issue:

CONCLUSION:

(1) Hirano’s Bivens claims against the United States of America, Sand Island Treatment Center, Kline-Welsh Behavioral Foundation, and Verizon Wireless are DISMISSED with prejudice.

(2) Hirano’s Bivens claims against Defendants in their official capacities are DISMISSED with prejudice. 

(3) Hirano’s Bivens claims against John Doe, McClory, and Cook are DISMISSED with leave to amend.

(4) Hirano’s FTCA claims against the United States of America are DISMISSED with leave to amend.

(5) The Court DECLINES to exercise supplemental jurisdiction over Hirano’s state-law claims.

(6) Hirano may file an amended complaint, consistent with this Order, on or before February 15, 2021. Failure to file an amended complaint by February 15, 2021 may result in the dismissal of this action with prejudice.

(7) The Clerk is directed to send Hirano a blank prisoner civil rights complaint form to facilitate his compliance with the directions in this Order.

IT IS SO ORDERED.

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