Preliminary Approval for $5.75 Million Settlement Against State for Covering Up Years of Sexual Abuse of Students

(Posted on 2/20/13 at 9:10am. Updated on 2/20/13 at 3:10pm. Updated on 2/24/13 at 8:33am.)
The following excerpts are from Nelson Daranciang’s “Settlement in School Sex-Abuse Case Gets Initial OK” (Star-Advertiser, 2/20/13). Similar cases could be brought under SB 2588 even if the Statute Of Limitations had previously run, up until April 2014. SB2588 was authored by Sen. Maile Shimabukuro and signed into law on 4/24/12:

A federal judge granted preliminary approval Tuesday to a proposed $5.75 million class-action settlement of a lawsuit accusing the state of allowing and covering up years of sexual abuse of students at Hawaii School for the Deaf and Blind.

The plaintiffs claim that as many as 35 current and former students were abused on the Kapahulu public school’s campus and on school buses since Aug. 10, 2001.

The lawsuit, filed in 2011 by Hono­lulu attorney Michael Green, alleged that a group of students “bullied, terrorized, assaulted, robbed, sodomized (and) raped” younger students at the school.

extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act. -Authored by Sen. Maile Shimabukuro, signed into law 4/24/12

Extends the statute of limitations for civil actions brought by persons subjected to sexual offenses as a minor against the person who committed the act. -Authored by Sen. Maile Shimabukuro, signed into law 4/24/12

According to a timetable set by U.S. Magistrate Judge Kevin S.C. Chang, the state must publish in the newspaper a notice of the proposed settlement for four consecutive weeks starting no later than Monday and mail notices to affected people by March 8.

Anyone who may qualify for compensation but wishes not to participate in the settlement has until April 5 to opt out. People will have a chance to state their objections in court on April 22, when Chang considers final approval.

Police said in 2011 that several juvenile males were arrested in connection with the case.

Click here to read the full article on the Star-Advertiser site.

One Response

  1. Appreciate your persistence with working w/ the reality of the
    Governor vetoing the much more comprehensive bill passed
    the session before.
    Based on this successful lawsuit against the State, it appears
    the AG was incorrect in stating that the state couldn’t be sued.
    This particular lawsuit may be a precedent.

    I hope that the original legislation is passed this session !

    Like

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