Preliminary Injunction in Sexual Orientation Harassment at Hawaii Youth Correctional Facility: CIVIL NO. 05-00566 JMS/LEK

In the matter of sexual orientation harassment and abuse alleged by youths at the Hawaii Youth Correctional Facility, the plaintiffs (represented by the ACLU of Hawaii) filed a motion for preliminary injunction seeking relief on their Due Process, Equal Protection, Establishment Clause and access to counsel claims. Plaintiffs asked the court to require defendants (employees of HYCF) to refrain from harassing, abusing, discriminating against, or isolating plaintiffs based on their actual or perceived sexual orientation, gender identity or sex; to refrain from failing to protect plaintiffs from peer harassment and abuse; to refrain from endorsing religion and engaging in religious indoctrination; and to refrain from obstructing plaintiffs? access to counsel. Plaintiffs also asked the court to direct defendants to retain a mutually agreed-upon corrections expert to guide development and implementation of necessary policies, procedures, and training at Hawaii Youth Correctional Facility. 

The court GRANTS the plaintiffs? motion for a preliminary injunction as to their Due Process claim and DENIES their motion for preliminary injunction as to their Establishment Clause and access to counsel claims. The court does not reach the plaintiffs? Equal Protection claim.