No 27180 (Nov. 7, 2008)
Opinion [pdf]
OPINION OF THE COURT BY NAKAMURA, J.
Plaintiff-Appellant Barbara Suzuki (Suzuki) is an African-American woman who was employed by Defendant-Appellee State of Hawai'i (the State) as an Adult Correctional Officer (ACO) in the Department of Public Safety (DPS). Suzuki was 65 years old and working at the Oahu Community Correctional Center (OCCC) in the position of an ACO IV. The State barred Suzuki from working after a fitness-for-duty physical examination revealed that Suzuki could not meet the physical requirements of an ACO IV. Suzuki was not reassigned to another position and her employment with the DPS eventually ended.
Suzuki, initially proceeding pro se, brought suit against the State alleging six enumerated claims for relief: 1) gender discrimination, 2) retaliation, 3) disability discrimination, 4) negligent hiring and retention, 5) infliction of emotional distress, and 6) negligence. The introductory fact section of Suzuki's complaint included allegations that she had been discriminated against because of her race and age. However, the complaint did not allege specific enumerated claims for relief based on race and age discrimination. The Circuit Court of the First Circuit (circuit court) granted the State's motion for summary judgment on all claims asserted in Suzuki's complaint, and the circuit court entered its Final Judgment (Judgment) on February 15, 2005.
On appeal, Suzuki argues that the circuit court erred in: 1) granting the State's motion for summary judgment and 2) denying her motion to compel the State to produce the personnel files of certain DPS employees and other documents.
We hold that: 1) the circuit court properly ruled, on summary judgment, that Suzuki was not physically able to perform the essential functions of the ACO IV position; 2) the circuit court properly granted summary judgment on most of Suzuki's allegations of discrimination, but erred in granting summary judgment on Suzuki's claims that the DPS discriminated against her on the basis of race and gender in failing to reassign her to a light-duty position; 3) the circuit court properly granted summary judgment on Suzuki's retaliation claim; and 4) Suzuki waived any challenge to the circuit court's grant of summary judgment on her claims of negligence, negligent hiring and retention, and infliction of emotional distress by failing to properly assert error or present argument regarding those claims in compliance with Hawai'i Rules of Appellate Procedure (HRAP) Rule 28. We further hold that the circuit court erred in: 1) its blanket refusal to compel production of the personnel files of other ACOs who were given light-duty work and 2) its refusal to compel production, after in camera review, of any portion of the personnel file of Alberta Maglinti (Maglinti), a non-African-American who was selected to fill the vacant receptionist position for which Suzuki had applied. Accordingly, we affirm the circuit court's Judgment in part, reverse in part, and remand the case for further proceedings consistent with this opinion. [footnotes omitted]
