Resident Alien Complaint

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RICHARD L HOLCOMB (HI Bar No. 9177)

Holcomb Law, A Limited Liability Law Corporation
1136 Union Mall, Suite # 808
Honolulu, HI 96813
Telephone: (808) 545-4040
Facsimile: (808) 356-1954
Email: rholcomblaw@gmail.com

ALAN BECK (HI Bar No. 9145)
Attorney at Law
4780 Governor Drive
San Diego, California 92122
Telephone: (808) 295-6733
Email: ngord2000@yahoo.com

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII

Steve Fotoudis,

Plaintiff,
vs.

City and County of Honolulu;

Lois Kealoha, Chief of the Honolulu
Police Department, in his individual
capacity;

David Louie, Attorney General of
Hawaii, in his individual and official
capacity;

and, John Does 1-50 in their individual
or official capacities.

Defendants.

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CASE NO. _____________________

VERIFIED COMPLAINT FOR
DEPRIVATION OF CIVIL RIGHTS,
DAMAGES, DECLARATORY AND
INJUNCTIVE RELIEF

Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 1 of 18 PageID #: 1
2

VERIFIED COMPLAINT
COMES NOW the Plaintiff, STEVE FOTOUDIS, by and through his
undersigned counsel, and complain against Defendants CITY AND COUNTY OF
HONOLULU, CHIEF LOIS KEALOHA and JOHN DOEs 1-50 as follows:
INTRODUCTION
1. This is an action to vindicate Plaintiffs rights under the Second and
Fourteenth Amendments to the Constitution of the United States, 42 U.S.C.
1983, and the Constitution and laws of the State of Hawaii. Defendants have
violated Plaintiffs federal constitutional rights. Mr. Fotoudis seeks declaratory
judgment, injunctive relief, and damages as well as attorneys fees and costs.
2. This action arises from Defendants actions in refusing Mr. Fotoudis, a
permanent resident of the United States, an opportunity to apply, pursuant to
Hawaii law, to exercise his right to possess firearms, within his home, for the
purpose of self-defense and for other protected purposes. This action further
challenges Section 134-2(d) of the Hawaii Revised Statutes, which prohibits
lawfully admitted aliens from obtaining permits that would allow them to possess
firearms in the home for the purpose of self-defense and for other protected
purposes.

3

JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction pursuant to 42 U.S.C. 1983 and
28 U.S.C. 1331, 1343, 2201, and 2202.
4. This Court has personal jurisdiction over Defendant City and County of
Honolulu as it is a government entity, more specifically a municipal corporation
incorporated under the laws of the State of Hawaii, located in Hawaii.
5. This Court has personal jurisdiction over Defendant Lois Kealoha, Chief of
the Honolulu Police Department, because he acted under the color of laws,
policies, customs, and/or practices of himself individually and/or the City, and/or
because he acted within the geographic confines of the State of Hawaii.
6. This Court has personal jurisdiction over Defendant David M. Louie,
Attorney General for the State of Hawaii, because he acted under the color of laws,
policies, customs, and/or practices of himself individually and/or the State of
Hawaii, and/or because he acted within the geographic confines of the State of
Hawaii.
7. This Court also has personal jurisdiction over each of the John Doe
Defendants because they, inter alia, acted under the color of laws, policies,
customs, and/or practices of the City and County of Honolulu and/or within the
geographic confines of the State of Hawaii.
8. Venue is proper pursuant to 28 U.S.C. 1391.
4

Parties
9. Plaintiff Steve Fotoudis is a permanent resident of the United States, who at
all material times herein did reside in the County of Honolulu, Hawaii.
10. Defendant City and County of Honolulu (City) is a municipal corporation
incorporated under the laws of the State of Hawaii. The Honolulu Police
Department is a Division or Department of the City. The City is ultimately
responsible for the Honolulu Police Department and its actions, and therefore, must
assume the risks incidental to the maintenance of these agencies and their
employees.
11. Defendant Lois Kealoha is sued in his individual capacity as a City official
and/or employee who supervised, oversaw, and/or participated in the violation of
Mr. Fotoudis rights as described below. Defendant Lois Kealoha is responsible
for developing and/or enforcing his own and/or the Citys policies, customs, or
practices which discriminate against lawfully admitted resident aliens, including
Mr. Fotoudis.
12. Defendant David M. Louie is sued in his official and individual capacity as
Attorney General of the State of Hawaii. Defendant Louie is the chief legal officer
and chief law enforcement officer for the State of Hawaii. Defendant Louie, as
Attorney General, is tasked by Hawaii law to comply with, enforce, and/or defend
that laws at issue.
5

13. Defendants John Doe 1-50 are sued in both their personal and official
capacity as City officials and/or employees who have supervised, overseen, or
participated in the conduct described below. John Doe 1-50 are responsible for
refusing to allow Mr. Fotoudis to apply for a permit pursuant to Hawaii law which
would allow him to purchase and/or possess a firearm within the confines of his
home. Defendants John Doe 1-50, because of their actions, are accordingly liable
to Mr. Fotoudis for damages and other relief as set forth in this Complaint.
14. Mr. Fotoudis has reviewed all documents and video evidence available to
him and has made a diligent and good faith effort to ascertain said persons' full
names and identities; however, Plaintiff has been unable to ascertain the identities
of said Defendants. The names, capacities, and relationships of defendants named
as Doe Defendants will be alleged by amendment to this Complaint when they are
revealed and thus properly identified. .
15. Mr. Fotoudis reserves the right to petition this Court to amend this
Complaint to add such parties as their true identities and capacities are ascertained
through discovery or otherwise.
Applicable State Law
16. Pursuant to Hawaii law, no person may purchase, inherit, import or
otherwise acquire possession of a firearm without obtaining a permit from the
Chief of Police. Haw. Rev. Stat. 134-2(a).
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17. Section 134-2(d) may be read to prohibit the issuance of permits to non-
citizen applicants. However, the Chief of Police may issue permits to aliens of
the age of eighteen years or more for use of rifles and shotguns for a period not
exceeding sixty days if the applicant has obtained a hunting license, and the chief
may also issue permits to aliens of the age of twenty-one years or more for use of
firearms for a period not exceeding six months, upon a showing that the alien is in
training for a specific organized sport-shooting contest to be held within the permit
period. Haw. Rev. Stat. 134-2(d). The attorney general shall adopt rules,
pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in
training for a sport-shooting contest. Id.
18. There is no exception allowing for the issuance of a permit for an alien who
is a permanent resident and wishes to possess a firearm within his home for the
purpose of self-defense.
19. It is a crime to possess a firearm and/or ammunition in Hawaii without the
permit contemplated by Section 134-2. Haw. Rev. Stat. 134-17.
Mr. Fotoudis is qualified to possess firearms for lawful purposes.
20. Mr. Fotoudis is and was at all material times herein domiciled in Hawaii.
Mr. Fotoudis has no intention of leaving Hawaii.
21. At all material times, Mr. Fotoudis was a lawfully admitted resident alien of
the United States and possessed a green card. Exhibit One.
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22. Mr. Fotoudis also possesses a United States social security card. Exhibit
Two.
23. Mr. Fotoudis has taken and is continuing to take all necessary steps to
become a naturalized United States citizen. The only requirement that he has not
yet met to become a fully naturalized citizen is the five year continuous residency
requirement.
24. Mr. Fotoudis is employed as the Hawaii state sales manager for Wash Multi
Family Laundry Systems in Hawaii. Mr. Fotoudis pays city, state and federal
taxes.
25. Mr. Fotoudis wishes to possess an operational firearm(s) and ammunition in
his home for the purpose of self-defense, and to enjoy the use of said firearm(s) for
other lawful purposes, including sport-shooting, in non-sensitive places.
26. Before moving to Hawaii, Mr. Fotoudis was a competitive shooter in
Australia. Mr. Fotoudis was an active member in a club of competitive shooters,
has had extensive training in firearms use and safety, and has safely and lawfully
possessed a number of firearms in Australia for many years.
27. Mr. Fotoudis held firearms licenses in Australia since 1996. Exhibit Three.
Before obtaining his Australian firearms license, Mr. Fotoudis was required to
successfully undergo an extensive investigation of his background, fitness, and
qualifications to possess firearms.
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28. On February 8, 2012, Sergeant D. Gibson with the South Australian Police
wrote a letter on behalf of Mr. Fotoudis stating that Mr. Fotoudis is a fit and
proper person to hold a firearms license. Exhibit Four. The letter goes on to
identify several licenses that Mr. Fotoudis held in Australia. Exhibit Four.
29. Mr. Fotoudis has never been convicted of a crime.
30. Mr. Fotoudis is not a fugitive.
31. Mr. Fotoudis has no mental illnesses or defects.
32. Mr. Fotoudis does not and never had any temporary restraining order issued
against him.
33. Mr. Fotoudis has never committed domestic or any other act of violence.
34. Mr. Fotoudis is not and has never been addicted to mind-altering substances
and does not use illegal mind-altering substances.
35. Mr. Fotoudis is not addicted to and does not drink alcohol in excess.
36. Mr. Fotoudis is fit and qualified to possess a firearm pursuant to the laws of
the United States and of Hawaii.
37. The only fact that disqualifies Mr. Fotoudis from obtaining a permit
pursuant to Section 134-2 of the Hawaii Revised Statutes is that he is not yet a
fully naturalized citizen.
9

Mr. Fotoudis was not permitted to apply for a permit.
38. At the HPDs main station on Beretania (and Alapai) Street, there is a
window where the public may obtain forms from HPD representatives and apply
for firearms permits. During designated hours, the window is open to the public.
39. United States citizens are routinely permitted to obtain and/or submit
applications at the window at HPDs main station. If the citizen applicant is found
to be fit and qualified pursuant to Hawaii law, the citizen applicant is issued a
permit as contemplated by Section 134-2 of the Hawaii Revised Statutes.
40. On July 10, 2014 at approximately 1:00 p.m., Mr. Fotoudis went to the
window at the Honolulu Police Department and informed the HPD representative
that he wished to apply for a permit to acquire a firearm.
41. When Mr. Fotoudis informed the HPD representative (Officer Prado) that
he wished to apply for a permit to acquire, Officer Prado requested identification
from Mr. Fotoudis.
42. Mr. Fotoudis supplied Officer Prado with his green card, his social security
card, and his Australian passport.
43. Officer Prado and/or another officer standing at the adjacent window told
Mr. Fotoudis that he could not apply because he was not yet a citizen of the United
States.
10

44. Neither officer inquired as to whether Mr. Fotoudis had a hunting license or
was training for a sport-shooting contest.
45. Mr. Fotoudis was not permitted to apply for a permit to acquire a firearm
46. Mr. Fotoudis is unable to acquire or possess a firearm for self-defense or any
other lawful purpose.
Mr. Fotoudis has suffered damages and will
continue to suffer damages if the permit does not issue.
47. Because Defendants would or will not issue Mr. Fotoudis the permit
pursuant Section 134-2, Mr. Fotoudis has had to sell 29 firearms and two firearms
accessories at a significant financial loss. Comparing the replacement value of
these items with the amount for which the items were sold, Mr. Fotoudis estimates
his losses to be approximately $18,370.
48. Mr. Fotoudis currently owns seven rifles and two handguns.
49. Before he moved to Hawaii, Mr. Fotoudis sold the vast majority of his
firearms and only retained those that he finds irreplaceable because of the
sentimental value he attaches to those firearms.
50. Because Defendants will not even allow Mr. Fotoudis to apply for the permit
that would allow him to possess those firearms in Hawaii, Mr. Fotoudis is forced to
keep those firearms in Australia. Those firearms are now stored in a safe at Mr.
Fotoudis fathers house.
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51. Mr. Fotoudis father wants the safe removed from his house as soon as
possible.
52. Mr. Foutoudis Australian firearms permit expires on December 31, 2014, at
which time Mr. Fotoudis firearms must be removed from Mr. Foutodis fathers
house.
53. Upon the expiration of the Australian permit, Mr. Fotoudis will be forced to
either sell the firearms or, alternatively, pay Australian officials an exorbitant
storage fee to keep the firearms on Mr. Fotoudis behalf.
54. Mr. Fotoudis cannot afford to pay the fee for each of his remaining firearms
and will likely be forced to sell some if not all of the irreplaceable firearms.
Defendants Policies Prevent
Resident Aliens from Exercising Second Amendment Rights
55. In 2011, Mr. Fotoudis inquired with the HPD about his ability to bring his
firearms from Australia to Hawaii.
56. On December 6, 2011, Mr. Fotoudis received an e-mail from Sergeant D.
Paperd of the Honolulu Police Departments Firearms Unit. The e-mail states, in
relevant part:
You may bring firearms into the State, you must register them within
72 hours of your arrival. However [sic] Hawaii State law requires you
to be a U.S. citizen with a U.S. passport or Naturalization certificate.

Exhibit Five.

12

57. It is the Defendants policy, custom, and/or practice to prohibit permanent
residents living in Honolulu from applying to acquire or possess firearms in their
homes for the purpose of self-defense and pursuant to Section 134-2 of the Hawaii
Revised Statutes.
58. It is Defendants policy, custom, and/or practice to prohibit permanent
residents living in Honolulu from applying to acquire or possess firearms for
hunting or training for sport-shooting contests and pursuant to Section 134-2 of the
Hawaii Revised Statutes even in the limited circumstances contemplated by
Section 134-2(d) of the Hawaii Revised Statutes.
59. Defendant Kealoha has authority to make policy and has trained or caused
HPD representatives to be trained to refuse resident aliens the opportunity to apply
to acquire or possess firearms pursuant to Section 134-2 of the Hawaii Revised
Statutes.
60. Defendant Louie has failed to promulgate standards to ensure that resident
aliens rights are upheld and/or that resident aliens seeking to exercise Second
Amendment rights are not discriminated against.
FIRST CAUSE OF ACTION
Violation of Second Amendment
61. Paragraphs 1 through 60 are incorporated as though fully stated herein.
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62. Mr. Fotoudis has the constitutional right to keep and possess firearms in his
home for the purpose of self-defense.
63. Mr. Fotoudis has the constitutional right to keep and possess firearms in
other non-sensitive places for protected and lawful purposes such as sport-
shooting, training, and hunting.
64. Defendants refusal to allow Mr. Fotoudis to obtain and/or even apply for a
permit, the sole means by which he could be permitted to lawfully keep and
possess a firearm in his home and/or in non-sensitive places for protected purposes,
violates Mr. Fotoudis individual right to possess firearms and ammunition for
defense of hearth and home, an individual right guaranteed by the Second
Amendment to the United States Constitution.
65. Mr. Fotoudis has been damaged by Defendants conduct and stands to suffer
further significant damages should the conduct continue.
66. The current cause of action is within this Courts jurisdiction pursuant to 42
U.S.C. 1983.
SECOND CAUSE OF ACTION
Violation of Equal Protection of the Law
68. The citizenship requirements contained in Section 134-2(d) of the Hawaii
Revised Statutes and all other Hawaii statutory language, which restrict lawfully
14

admitted aliens from exercising their fundamental firearms rights and privileges
based on citizenship, on their face and as applied, are unconstitutional denials of
equal protection of the laws and are in violation of the Equal Protection Clause of
the Fourteenth Amendment to the United States Constitution.
69. The refusal to permit Mr. Fotoudis from applying for a permit pursuant to
Section 134-2 because Mr. Fotoudis is a lawfully admitted permanent resident
alien rather than a fully naturalized citizen also violates Mr. Fotoudis rights
guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the
United States Constitution.
U.S.C. 1983.
THIRD CAUSE OF ACTION
Due Process Violation
73. Insofar as Section 134-2 of the Hawaii Revised Statutes and its ancillary
provisions could be interpreted to provide minimal due process protections, Mr.
Fotoudis was not permitted to participate in that procedure.
15

74. Mr. Fotoudis was prohibited from even applying for a permit pursuant to
Section 134-2 of the Hawaii Revised Statutes. Accordingly, any due process
protections that may have been afforded were withheld from Mr. Fotoudis.
Preventing Mr. Fotoudis from participating in the statutorily contemplated
procedures constitutes a violation of due process as guaranteed by the Fourteenth
Amendment.
U.S.C. 1983.
ON ALL COUNTS
78. A controversy exists as to whether the citizenship requirements contained in
Section 134-2(d) of the Hawaii Revised Statutes are unconstitutional.
79. A declaration from this Court would settle this issue.
80. A declaration would also serve a useful purpose in clarifying the legal issues
in dispute.
81. The Plaintiffs seek a declaration that the citizenship requirements contained
in Section 134-2(d) of the Hawaii Revised Statutes are unconstitutional.
16

82. In the absence of an injunction, the citizenship requirements of Section 134-
2(d) of the Hawaii Revised Statutes would continue to be enforced and would
prevent Mr. Fotoudis (and all lawfully admitted aliens residing in Hawaii) from
successfully obtaining a permit allowing him to possess a firearm and ammunition
for defense of hearth and home or in other non-sensitive places for protected
purposes.
83. Mr. Fotoudis will continue to suffer irreparable injury if the Court does not
issue an injunction. Mr. Fotoudis will suffer further financial damages if he is not
issued a permit before December 31, 2014.
84. There is no adequate remedy at law because only an injunction would allow
Mr. Fotoudis to obtain a permit allowing him to possess a firearm and ammunition
for defense of hearth and home or in other non-sensitive places for protected
purposes.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray that this Court:
1. Enter a declaratory judgment that Section 134-2(d) and all other Hawaii
statutory language that restricts lawfully admitted permanent resident aliens
firearms rights and privileges based on citizenship, are null and void because they
(a) infringe on the right of the people to keep and bear arms in violation of the
Second and Fourteenth Amendments to the United States Constitution; and (b)
17

violate equal protection of the laws as guaranteed by the Fourteenth Amendment to
the United States Constitution;
2. Issue preliminary and permanent injunctions enjoining Defendants and their
political subdivisions, officers, agents, and employees from enforcing the United
States citizenship requirements of Section 134-2(d) of the Hawaii Revised Statutes
and any other Hawaii statutory language that imposes a United States citizenship
requirement which operates to restrict lawfully admitted permanent resident aliens
from exercising Second Amendment rights;
3. Issue preliminary and permanent injunctions compelling Defendants and
their political subdivisions, officers, agents, and employees to: (a) allow Mr.
Fotoudis to apply for a permit pursuant to Section 134-2 of the Hawaii Revised
Statutes; (b) to promptly and meaningfully evaluate, with no more or less scrutiny
than would be applied to a citizen applicant, Mr. Fotoudis application and
background to determine his fitness and qualifications to lawfully keep firearms;
and, (c) insofar as Mr. Fotoudis is determined to be fit and qualified to keep
firearms, to immediately thereafter issue to Mr. Fotoudis the permit contemplated
by Section 134-2, vesting Mr. Fotoudis with the same rights and privileges to keep
and possess firearms as those of a United States citizens who obtains a permit
pursuant to Section 134-2;
4. Award compensatory and/or special damages;
18

5. Grant such other and further relief against any or all Defendants, as may be
necessary to effectuate the Court's judgment, or as the Court otherwise deems just
and equitable; and
8. Award attorneys fees, statutory fees and costs pursuant to 42 U.S.C. 1988.
Dated: Honolulu, HI; July 23, 2014.
Respectfully submitted,
s/Richard L. Holcomb
Richard Holcomb
Attorney for Plaintiff
Surname
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Form SSA-3000 (08-2011)
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Your Ref
Our Ref
Enquiries
Telephone
Facsimile
MM
7322 3346
7322 4182
Firearms Branch
8 February 2012
Steven Fotoudis
69 East Street
TORRENSVILLE SA 5031
To whom it may concern,
Please accept this letter on behalf of the Deputy Registrar to advise that at the date of
writing, the following person is a fit and proper person to hold a South Australia Firearms
Licence.
Steven Fotoudis, Date of Birth4W/1963 of Torrensville
Steven has held his South Australia Firearms Licence since 1996 for classes A and B
for the purposes of club use, target shooting and hunting. In 2003 he was granted a
class H licence for the purpose of club use. His current expiry date is 31/12/2012.
Yours faithfully,
D Gi bson
A/- Sergeant 2258/8
Fi rearms Branch
Steven Fotoudis
From:
Sent:
To:
Subj ect:
Paperd, Daniel J . [dpaperd@honolulu.gov]
Tuesday, 6 December 2011 10:18 AM
stevefotoudis@optusnet.com.au
firearms
You may bring firearms into the State, you must register them within 72 hours of your arrival. However Hawaii State
law requires you to be a U.S. citizen with a U.S. passport or Naturalization certificate.
If you have any additional questions please feel free to contact the Honolulu Police Department/Firearms Unit directly
at 808-529-3811.
Sgt. D. Paperd
Honolulu Police Department/Firearms Unit
mi 0i f Foe
V E R I F I C A T I ON OF COMPLAI NT AND C E R T I F I C A T I O N
S TATE OF HAWAI ' I )
COUNTY OF HONOLULU )
Pursuant to 28 U.S.C. 1746, Plaintiff, Steven Fotoudis, having first been duly sworn and upon
oath, verifies, certifies, and declares as follows:
1. 1 amthe Plaintiff in this civil proceeding.
2. I have read the above-entitled civil Complaint prepared by my attorney and I believe that all of
the facts contained in it are true, to the best of my knowledge, information and belief formed
after reasonableinquiry.
3. I believe that this civil Complaint is well grounded in fact and warranted by existing law or by a
good faith argument for the extension, modification, or reversal of existing law.
4. I believe that this civil Complaint is not interposed for any improper purpose, such as to harass
any Defendant(s), cause unnecessary delay to any Defendant(s), or create a needless increase in
the cost of litigation to any Defendant(s), named in the Complaint.
5. I havefiled this civil Complaint in good faith and solely for the purposes set forth in it.
6. Each and every exhibit I have provided to my attorney which has been attached to this
Complaint is a true and correct copy of the original.
7. Except for clearly indicated redactions made by my attorneys where appropriate, I have not
altered, changed, modified, or fabricated these exhibits, except that someof the attached exhibits
may contain some of my own handwritten notations.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on. July 24, 2014, in the City and County of Honolulu, Hawaii.
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Steve Fotoudis
Honolulu
Richard L. Holcomb, Holcomb Law, LLLC, 1136 Union Mall, Ste. 808,
Honolulu, HI 96813, (808) 545-4040; Alan Beck, Attorney at Law, 4780
Governor Drive, San Diego, CA 92122 (619) 971-0414
City and County of Honolulu; Lois Kealoha; David Louie; John Does
1-50
Honolulu
Dept. of Corporation Counsel, 530 S. King St., Room 110, Honolulu,
HI 96813 (808) 768-5913
42 U.S.C. s 1983
Permanent Resident denied firearms permit because based on citizenship requirement
0.00
07/24/2014 s/Richard L. Holcomb
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JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Resident Alien Complaint

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RICHARD L HOLCOMB (HI Bar No. 9177)

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