Gordon v. Maesaka-Hirata, 431 P.3d 708 (2018)
On August 22, 2010, Gordon was arrested and detained at Oahu Community Correctional Center (OCCC) for kidnapping an underaged girl and forcing her into prostitution. He was classified as “Max Custody” after a DPS employee completed his initial custody classification and calculated his points at nineteen. This point determination was based on prior arrests and convictions, pending charges, and information from Hawaii Criminal Justice Information (CJIS) and National Crime Information (NCIC). After thirty days in the holding unit at max custody, the administrative program committee evaluated Gordon’s security custody classification and determined that he should stay in max custody. He remained in solitary confinement while waiting for his trial for more than nine months.
Legal QuestionUnder the due process clause of the Fourteenth Amendment and Article I, Section 5 of the Constitution of the State of Hawai’i, does pretrial solitary confinement constitute unlawful pretrial punishment?
Law/Constitutional principlesDue process clause of the Fourteenth Amendment to the United States Constitution. & Article I, Section 5 of the Constitution of the State of Hawai’i.