COMPLAINT

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

COMPLAINT

1. COMES NOW Plaintiff HART CUNNINGHAM, with this complaint against the Defendants [ENTER NAMES], as follows:

PARTIES

• Complainant, HART CUNNINGHAM, is an individual of address [ENTER ADDRESS].
• Defendant, [ENTER NAME] is is an individual of address [ENTER ADDRESS].
• Defendant, [ENTER NAME] is is an individual of address [ENTER ADDRESS].
• Defendant, [ENTER NAME] is is an individual of address [ENTER ADDRESS].
• Defendant, [ENTER NAME] is is an individual of address [ENTER ADDRESS].

JURISDICITON AND VENUE

• This court has federal question jurisdiction pursuant to 28 U.S.C § 1331 since it involves the violations of federal law. Plaintiff brings the suit under 18 U.S.C § 241.  
• Venue is proper in this district under 28 U.S.C. § 1391 as Plaintiff and/or Defendant is subject to personal jurisdiction in this state. Plaintiff and/or Defendant lives within the jurisdiction of this Court. Besides, a substantial part of the acts and omissions forming the basis of these claims occurred in the District of Hawaii and arose from the actions or inactions of the Defendants.

FACTS

• On or about Saturday, June 27, 2020 at 3pm, Plaintiff was walking from Haneohi Stream, adjacent, which is next to his property. The ocean and creek bed are natural land, but Plaintiff crossed 85 feet of land claimed to be owned by past relatives by the first Defendant (hereinafter “Mel”), who lives next to Plaintiff. Plaintiff rarely leaves his property. However, once a month he visits the ocean directly under his 2.2 acres.
• On the aforesaid day, Plaintiff was walking his dogs and goats up to his house from the public stream, when Mel and three other men aggressively started following him from the ocean up hill to his house. It is worth noting that Plaintiff was on a public stream, unarmed. Mel was carrying a handgun and a four-foot garden knife. The second Defendant (hereinafter “Lester”), who repeatedly stated he was a retired Maui police captain, living at 186 door of faith, was carrying a machete and handgun. Two other men from Honolulu, were carrying machetes and knives.
• The four men ran towards Plaintiff from behind, surprising him, with machetes and handguns. Plaintiff started to run away, when he realized that he needed to protect his dogs since the four men were drunk, and were armed. Besides, Mel is known for killing his own dogs during hunting.
• Lester approached Plaintiff from behind, while Plaintiff was defending himself from Mel, who was pushing him. Lester aggressively motioned his machete at Plaintiff, knocking him against a tree and boulder. Lester then began taking a video of Plaintiff. He then turned off his camera, and explained to Plaintiff how they would make him “disappear” and he “runs the police department”. Plaintiff panicked in fear, and in a bid to avoid their third attack, he scaled the hill to his property. He then called the police immediately.
• Officer Chang arrived at Plaintiff’s property, took down all relevant info, and checked Plaintiff’s injuries with his fellow officer. Interestingly, Lester had called the police before Chang arrived, which prevented his arrest for the assault against Plaintiff. (See Report number / 20-022661 Officer Chang, 6/27, Assault (type of incident)).
• Plaintiff went into Maui police at 8:18am on Monday, June 29, at 55 Mahalani Street, Wailuku, HI 96793 808 244 6355 (can be used to order police report), to make formal complaint about Lester, retired officer with allegations of threats and assaults. The police stated they were unaware of him, and would not take down the report.
• Plaintiff then went to the hospital to have formal review of his left oblique from the assault. He did not check in due to precautions related to Covid. He then moved to an online doctor upon reference and finally family friend over telehealth call.

PARTICULARS OF DAMAGE AND/OR INJURIES

1. Plaintiff suffered bruising on his left thumb, cuts along his left side, and bruised right leg.

CLAIMS FOR RELIEF

COUNT 1

ASSAULT

1. The foregoing paragraphs are realleged and incorporated by reference herein.
2. Defendants intentionally put Plaintiff in reasonable apprehension of an imminent harmful or offensive contact.
3. The Plaintiff reasonably apprehended unlawful contact from the Defendants. Notably, as Plaintiff was walking to his property, the Defendants ran towards him from behind, surprising him, with machetes and handguns.

COUNT 2

AGGRAVATED ASSAULT

• The foregoing paragraphs are realleged and incorporated by reference herein.
• Defendants intentionally put Plaintiff in reasonable apprehension of an imminent harmful or offensive contact.
• Notably, Defendants carried handguns and machetes and run towards Plaintiff thus causing him a reasonable apprehension of danger.
• The Defendants’ carrying of guns and machetes amounted to an aggravating circumstance. 

COUNT 3

BATTERY

• The foregoing paragraphs are realleged and incorporated by reference herein.
• Defendants used physical violence against Plaintiff.
• As a direct result of the assault as alleged in this complaint, Plaintiff experienced injuries and harm, all of which were reasonably foreseeable, and some of which may be permanent. These are: bruising on his left thumb; cuts along his left side; and bruised right leg.

COUNT 4

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

• The foregoing paragraphs are realleged and incorporated by reference herein.
• The acts and conducts of the Defendants were ere extreme and outrageous. The Defendants intended to cause, or were in reckless disregard of the probability that their conduct would cause, severe emotional distress to Plaintiff, as is more fully alleged above.
• The said actions and conduct did directly and proximately cause severe emotional distress to Plaintiff, and thereby constituted intentional infliction of emotional distress.
• The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others.
• As a proximate result of Defendants’ wrongful acts, Plaintiff suffered damages, including severe emotional distress and anguish, as is more fully alleged above.

COUNT 4

INJUNCTIVE RELIEF

• The foregoing paragraphs are realleged and incorporated by reference herein.
• Unless Defendants are restrained and enjoined by this court from continuing to harm and/or pose a threat of harm to Plaintiff in the manner described herein, they will continue to do so, irreparably harming and injuring the Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and he hereby prays that judgment be entered in his favor and against the Defendants as follows:

Complainant seeks the following remedies:

1. That the Court orders compensatory damages in an amount to be determined by the court, for the damage suffered by Plaintiff as a result of Defendants’ actions and/or inactions.
2. That the Court orders punitive damages against Defendants for their injurious and malicious actions against the Plaintiff.
3. That the Court orders a temporary and permanent injunction preventing Defendants from threatening and posing a threat to Plaintiff, and Plaintiff’s quiet enjoyment of his rights.
4. That the Court orders reimbursed court costs, maximum pre and post judgment interest.
5. That the Court issues any other order that this institution deems just.

Respectfully submitted:

Dated: __________

CERTIFICATE OF MAILING

I, [ENTER NAME], certified on this ______day of ________ 2021, I deposited a true copy of the above to the Defendants by placing the documents with prepaid postage in the United States mailbox address.

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