Costales v. Rosete

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Plaintiff, a ward at a youth correctional facility, filed a complaint against Scott Rosete, a youth correctional officer, in his individual and official capacities, the State, and other defendants, alleging assault and battery as against Rosete, among other claims. Rosete was found liable for sexual assault. The circuit court granted in part Rosete’s, in his individual capacity, motion for a new trial based on an irreconcilable conflict in the jury’s answers to special verdict questions. The Supreme Court affirmed the circuit court’s order granting Rosete a new trial, holding (1) the issues on retrial should be limited to the measure of general and special damages each defendant should pay, with the jury properly instructed on when each defendant can be held liable in his individual, versus official, capacity; and (2) Haw. Rev. Stat. 662-10 did not operate to bar contemporaneous judgments against both the State and Rosete in his individual capacity. View "Costales v. Rosete" on Justia Law