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.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
CASE NO. _____________________
VERIFIED COMPLAINT FOR DEPRIVATION OF CIVIL RIGHTS, DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF
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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.
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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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 3 of 18 PageID #: 3 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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 4 of 18 PageID #: 4 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). Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 5 of 18 PageID #: 5 6
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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 6 of 18 PageID #: 6 7
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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 7 of 18 PageID #: 7 8
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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 8 of 18 PageID #: 8 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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 9 of 18 PageID #: 9 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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 10 of 18 PageID #: 10 11
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.
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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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 12 of 18 PageID #: 12 13
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 67. Paragraphs 1 through 60 are incorporated as though fully stated herein. 68. The citizenship requirements contained in Section 134-2(d) of the Hawaii Revised Statutes and all other Hawaii statutory language, which restrict lawfully Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 13 of 18 PageID #: 13 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. 70. Mr. Fotoudis has been damaged by Defendants conduct and stands to suffer further significant damages should the conduct continue. 71. The current cause of action is within this Courts jurisdiction pursuant to 42 U.S.C. 1983. THIRD CAUSE OF ACTION Due Process Violation 72. Paragraphs 1 through 60 are incorporated as though fully stated herein. 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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 14 of 18 PageID #: 14 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. 75. Mr. Fotoudis has been damaged by Defendants conduct and stands to suffer further significant damages should the conduct continue. 76. The current cause of action is within this Courts jurisdiction pursuant to 42 U.S.C. 1983. ON ALL COUNTS 77. Paragraphs 1 through 60 are incorporated as though fully stated herein. 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. Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 15 of 18 PageID #: 15 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) Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 16 of 18 PageID #: 16 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; Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 17 of 18 PageID #: 17 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 Case 1:14-cv-00333 Document 1 Filed 07/24/14 Page 18 of 18 PageID #: 18 Surname FOTOUDt S Given Name S T E V E USCt t * _ Category DV1 CourSr, of Btflh Australia CRofKnh Sex Card Expiree: 5/22/22 Resident Since: 9S/0W12 , n^0620304454SRC^< < < < < < < < < . " f ^i < < < < < UDl S S >t v c FOTO Case 1:14-cv-00333 Document 1-1 Filed 07/24/14 Page 1 of 2 PageID #: 19 t Case 1:14-cv-00333 Document 1-1 Filed 07/24/14 Page 2 of 2 PageID #: 20 This card belongs to the Social Security Administration and you must return it if we ask for it. .If you'find a card that isn't yours, please return it to: Social Security Administration P.O. Box 33008. Baltimore. MD 21290-300X For any other Social Security business 'information, contact your local Social Security office. If you write to the above address for any business other than returning a found card you will not receive a response. Social Security Administration Form SSA-3000 (08-2011) Case 1:14-cv-00333 Document 1-2 Filed 07/24/14 Page 1 of 1 PageID #: 21 FMtEMtftS UCittCE STCTSiFOTWJPB GLASS A B 23 23 UC8*J 1 mm mm 31-1214 E X P L A N A T I O N O P U C I N C E C L A S S E S CLASS A: Asr i t es, a* gum araJpajrw t aB fesmi; 22 r i nr t r e rif ej (nst ssi f ba(f e^]SsBj t e crdaub!* - barrel EhatotrB <rt sst f fes&s?crfSwT.pMica?,unaindiKfes tsaian. CLASS B: f &ezt e IWtb'ig f awnm (rsot beinghandgun* '; rew-f cirt g chamber rrfte, c*o&}irat r t ot st t f t waSf t g}; break act ion Isa^Mj cr pj mp at t t cn srtQti&Aij. ar r f mdwt e r f t t a we . CLASS C: SsWt oraing nmSw rit es 5 rflagaroe capacit y raj gnat er t hen t o rowt ct * ; wHked* 3 st sf t f uf l i wi t h s i gf.rw raeset f y i t t gi eat o t hsn Sr eur ;* ,- pump aencn sho^ur r e WOT a n&gsone capacit y no gr eat s f t an 5rounds, and incl udes n e we r ; CLASS D: SeWi o* #t i g rimf ire rsltesw.i f t a ma a i sw capacit y ol m o t t ow IQrcwhf e; s^f i owt nq cat f ref ere rt f l es, ssJf l eading sf rit guRs v; * a i i a J E S S csp^c.- ct m San 5 wr ek o sl s ar f ef i si o f t pr j wr t f i a m-i ^ane opaci t y of tm> t iisn 5 nwr ai ;, yd t odu&s receiwu. CLASS H: Af i h a r e ms iVndodt ng at r p i st o l . SECURITY REQUI REMENTS CLASSA a 8 FHKARMS: St aye f 3 S A 1 ^ ^ t eMf g t o ^ & f bt skf if t g i n wt e h Ris t ept ; er i n a t o^ c a ^c c Ku t r u c t e d o* t eart wwi w st eel wu r t t y &s* wi t o f coSSra & t n s t ed^i sf eel Kf e o sy at ect ed t o buiMing i n wf cdi f t i> l ispt {IEI)KSn f e mass m& empt y i ; ' i St f ej cr rmse) of st ood m a Soci* d 3 ^ 3mf nKig5&Gfig i r o n CLASSC B * KRJt t At Jf l S: Sen* } r a t edsf ci ast f saf e se o j # ; m r f * ^ b u ^ n g myAwh itskspt f wf css saf e t ress wt er t s*np*y is1 5&g or rave? or st ored i n e l ot t ed smi mi z<mxm s3i>3 r ccm. Acsf ecwt crsaf e myst t e made of mst ef t ai erf JUSQCM t t at aess t o pt arerrt i t t ang i sai y broken opens* } t r dest r syisi ar ui nasi bf f f r du18i f eSny snr l kicks f t st proven! rt f rot n beimj e & % f orced opea 1 CLUB USE. 2. TARGET SHOOTHa 3. HUMTI NQ. 4 PUNT BALL S. PRMARY PROOUCTI OM. 8. SECURI TY I NDUSTRY 7. OTHER AS PROVI DED BY REGI STRAR. Case 1:14-cv-00333 Document 1-3 Filed 07/24/14 Page 1 of 1 PageID #: 22 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 Case 1:14-cv-00333 Document 1-4 Filed 07/24/14 Page 1 of 1 PageID #: 23 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 Case 1:14-cv-00333 Document 1-5 Filed 07/24/14 Page 1 of 1 PageID #: 24 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. Case 1:14-cv-00333 Document 1-6 Filed 07/24/14 Page 1 of 1 PageID #: 25 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 Case 1:14-cv-00333 Document 1-7 Filed 07/24/14 Page 1 of 2 PageID #: 26 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 Print Save As... Reset 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. Case 1:14-cv-00333 Document 1-7 Filed 07/24/14 Page 2 of 2 PageID #: 27
Norman F. Dacey and Norman F. Dacey, Doing Business As National Estate Planning Council v. New York County Lawyers' Association, 423 F.2d 188, 2d Cir. (1970)