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Doe v. City and County of Honolulu3/15/2000
behavior which exceeds all bounds usually tolerated by decedent society. DEFENDANTS' actions as described above were done with malice and with the intent to cause, or with the knowledge that they would cause, severe mental distress to [Jane].
COUNT IX - PUNITIVE DAMAGES
56. The actions of DEFENDANTS as described herein are oppressive, outrageous, and otherwise characterized by aggravating circumstances sufficient to warrant the imposition of punitive or exemplary damages, the amount of which will be shown at trial.
PRAYER FOR RELIEF
WHEREFORE, [Jane] respectfully prays that this Court enter judgment granting the following relief on all causes of action:
1. That this Court enter a declaratory judgment that DEFENDANTS have violated and continue to violate the civil rights of [Jane] as secured by the Hawaii State Constitution, which prohibits the invasion of privacy;
2. That this Court issue a mandatory injunction enjoining DEFENDANTS from continuing to violate [Jane's] civil rights;
3. That this Court grant a permanent injunction enjoining the DOH, its officers, management personnel, employees, agents[,] successors, assigns; all DEFENDANTS and all persons in active concert or participation with them, from engaging in any practices that allow abuse or authority by City physicians[;]
4. Order DEFENDANTS to institute and carry out policies, practices, which will eradicate the opportunity for sexual assault by CITY physicians;
5. That this Court award [Jane] all damages proximately caused by DEFENDANTS: tortious conduct, including but not limited to, general damages for negligent and/or intentional infliction of mental or emotional distress, all in an amount to be proven at trial;
6. That this Court award [Jane] punitive damages in an amount to be proven at trial;
8. That this Court retain jurisdiction over this action until the DEFENDANTS have fully complied with the order of this Court and that this Court require the DEFENDANTS to file such reports as may be necessary to secure compliance[.]
In their answer filed on December 8, 1997, Defendants-Appellees denied all relevant allegations and asserted a multitude of defenses.
On June 24, 1998, Defendants-Appellees filed a Motion to Dismiss Complaint filed on July 24, 1997 (Motion to Dismiss) pursuant to Hawaii Rules of Civil Procedure Rule 12(b). The primary argument presented was that each of the causes of action alleged in the Complaint was a "medical tort" as defined by HRS § 671-1(2) (1993), and HRS § 671-12(a) (1993) mandates that any person "claiming that a medical tort has been committed shall submit a statement of the claim to the [MCCP] before a suit based on the claim may be commenced in any court of this State."
On July 14, 1998, Jane filed "Plaintiff's Memorandum in Opposition to Defendants City and County of Honolulu, Department of Health, City and County of Honolulu and Salvatore Lanzilotti's Motion to Dismiss Complaint Filed on July 24, 1997," in which she argued as follows:
1. The claims presented by Jane are not within the definition of a "medical tort" as defined in HRS § 671-1(2) (1993). The City and the DOH are not "health care providers" as defined in HRS § 671-1(1) (1993).
2. The DOH was not Jane's "health care provider," since she was only sent to the DOH for a mandatory physical examination for clearance to work and she did not seek medical treatment or care.
3. If HRS Chapter 671 applies to Jane's claims, she substantially complied by filing with the MCCP.
4. If Jane's claims of assault, sexual
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