Civil Rights and Prison Litigation in Hawaii

Hawaii's prison civil rights litigation landscape is defined by one extraordinary fact: approximately 870 Hawaii prisoners, roughly 23% of the state's entire incarcerated population, are held not in Hawaii but at Saguaro Correctional Center, a CoreCivic private prison in Eloy, Arizona. Hawaii has sent prisoners to mainland facilities since the 1990s due to prison overcrowding. This out of state practice creates a unique civil rights complication: Hawaii prisoners at Saguaro must file federal § 1983 claims in the District of Arizona, not the District of Hawaii, and the case law of both courts and the Ninth Circuit applies.

Hawaii prisoners at in state facilities (including Halawa Correctional Facility, Oahu Community Correctional Center, Women's Community Correctional Center, and Waiawa Correctional Facility) file § 1983 claims in the District of Hawaii in Honolulu. Effective January 1, 2024, Hawaii's corrections agency was renamed from the Department of Public Safety to the Department of Corrections and Rehabilitation (DCR) pursuant to Act 278 (2022 Hawaii Legislature), which also separated law enforcement functions into the new Department of Law Enforcement.

This guide explains the tools, timelines, and traps for civil rights and prison litigation in Hawaii.

Here is the short version.

The Section 1983 statute of limitations in Hawaii is two years (H.R.S. § 657 7). The Hawaii State Tort Liability Act (H.R.S. Chapter 662) waives state sovereign immunity for torts by state employees within scope of employment, with a two year limitations period (§ 662 4) and no punitive damages; the Act does NOT waive immunity for constitutional violations. PLRA exhaustion of DCR's grievance process is required before any federal § 1983 lawsuit. Approximately 870 Hawaii prisoners are held at CoreCivic's Saguaro Correctional Center in Eloy, Arizona; § 1983 claims for those prisoners are filed in the District of Arizona, not the District of Hawaii. DCR was renamed from Department of Public Safety in January 2024. The Ninth Circuit reviews all appeals from both the District of Hawaii and the District of Arizona.

Section 1983: the federal civil rights tool in Hawaii

42 U.S.C. § 1983 is the primary federal tool for Hawaii prisoners to bring civil rights claims. Section 1983 provides a right to sue any person acting under color of state law who deprives someone of a constitutional or federal statutory right. Filing venue depends critically on where the prisoner is housed:

Hawaii prisoners at in state DCR facilities (Halawa Correctional Facility on Oahu, Oahu Community Correctional Center (OCCC), Women's Community Correctional Center near Kailua, Waiawa Correctional Facility, Kulani Correctional Facility on Hawaii Island, Maui County Community Correctional Center, and others) file in the United States District Court for the District of Hawaii in Honolulu. Hawaii prisoners at Saguaro Correctional Center in Eloy, Arizona file in the United States District Court for the District of Arizona; see the Arizona guide for details on Arizona specific rules including the 180 day Notice of Claim requirement. The Ninth Circuit Court of Appeals in San Francisco reviews all appeals from the District of Hawaii; the Ninth Circuit also reviews the District of Arizona.

The state of Hawaii and DCR as a state agency cannot be § 1983 defendants because states are not 'persons' under the statute. Individual DCR officers must be named in their individual capacities.

Statute of limitations: two years for Section 1983

The statute of limitations for Section 1983 claims in Hawaii is two years. Ninth Circuit federal courts borrow Hawaii's personal injury statute of limitations for § 1983 claims; that period is two years under H.R.S. § 657 7. The Hawaii Supreme Court confirmed that the two year personal injury SOL governs § 1983 actions rather than the six year catchall period in § 657 1 (73 H. 578, 837 P.2d 1247 (1992)).

The two year period begins running when the plaintiff knew or should have known of the injury and its cause. Hawaii's discovery rule can delay accrual for claims involving concealed conduct. The two year period runs from accrual, not from when a grievance is filed; time spent exhausting DCR's grievance process counts against the two year window. For Hawaii prisoners at Saguaro Correctional Center, § 1983 claims are still governed by a two year period (Ninth Circuit cases apply), but Arizona specific rules regarding the 180 day Notice of Claim for Arizona state tort claims also apply to any state law claims in Arizona courts.

Hawaii State Tort Liability Act: the state tort remedy

The Hawaii State Tort Liability Act (H.R.S. Chapter 662) governs state tort claims against Hawaii's DCR. Under H.R.S. § 662 2, Hawaii waives its immunity for liability for the torts of its employees acting within the scope of their employment, in the same manner as a private individual under like circumstances; however, the state is NOT liable for interest prior to judgment or for punitive damages.

Key features of Hawaii's State Tort Liability Act: (1) The two year statute of limitations for state tort claims is in H.R.S. § 662 4; (2) State tort claims are filed in Hawaii circuit courts (not federal court) under § 662 3; (3) The remedy under Chapter 662 is exclusive under § 662 14, meaning Chapter 662 is the only vehicle for state tort claims against Hawaii; (4) Chapter 662 does NOT waive sovereign immunity for constitutional violations, per the Hawaii Supreme Court (61 H. 369, 1979): prisoners cannot use the Hawaii Tort Claims Act to recover money damages for violations of their constitutional rights; those claims must be brought under federal § 1983; (5) The Attorney General may defend not only DCR employees but also DCR's contracted medical providers (§ 662 16).

Hawaii prisoners at Saguaro: the Arizona civil rights problem

Hawaii's practice of sending prisoners to CoreCivic's Saguaro Correctional Center in Eloy, Arizona creates a distinctive civil rights litigation problem. Approximately 870 Hawaii prisoners were housed at Saguaro as of April 2025, paying CoreCivic $125 per prisoner per day (vs. $330 per day in Hawaii). Hawaii has sent prisoners to mainland facilities since the 1990s and extended its contract with CoreCivic through 2021 and beyond. HB 1769 (2026 Hawaii Legislature) would require incremental transfers of out of state prisoners back to Hawaii beginning in 2027.

For civil rights purposes: § 1983 claims for violations occurring at Saguaro must be filed in the District of Arizona, not the District of Hawaii. The District of Arizona has specific rules including Arizona's mandatory 180 day Notice of Claim under A.R.S. § 12 821.01 for Arizona state tort claims (though this does not apply to § 1983 claims). CoreCivic officers at Saguaro act under color of state law through their contract with Hawaii DCR and can be sued under § 1983. PLRA exhaustion of Saguaro's grievance process is required before filing in federal court. The ACLU filed a wrongful death lawsuit against both Hawaii and CoreCivic for prisoner Bronson Nunuha, who was murdered at Saguaro in 2011. A class action by Native Hawaiian prisoners was settled in 2017 protecting religious practices at Saguaro.

DCR renamed from Department of Public Safety: 2024 change

Effective January 1, 2024, Hawaii's corrections agency was formally renamed from the Department of Public Safety (DPS) to the Department of Corrections and Rehabilitation (DCR), and law enforcement functions were transferred to the new Department of Law Enforcement. This change was enacted by Act 278 of the 2022 Hawaii Legislature. The attorney general continues to defend civil actions against DCR employees and contracted providers.

This renaming is significant for prisoners filing civil rights claims: name the defendant as a DCR officer, not a DPS officer, for incidents occurring on or after January 1, 2024. For incidents that occurred before January 1, 2024, the officer would have been a DPS employee. The underlying civil rights law (§ 1983, PLRA, Ninth Circuit standards) is unchanged by the renaming. The facilities operated by DCR and their grievance processes are the same.

PLRA exhaustion and the DCR grievance process

The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), requires that incarcerated people exhaust all available administrative remedies before filing a civil rights lawsuit in federal court. In Hawaii, that means completing the full DCR (formerly DPS) grievance process, including all required appeals, before filing a § 1983 lawsuit in the District of Hawaii.

For Hawaii prisoners at Saguaro Correctional Center in Arizona, the PLRA requires exhaustion of Saguaro's grievance process (administered by CoreCivic) before filing in the District of Arizona. PLRA exhaustion traps for Hawaii prisoners include: missing internal grievance deadlines; failing to describe the specific violation and name the specific officer; failing to complete all required appeal levels; and raising claims in the federal lawsuit that were not raised in the grievance. Contact the ACLU of Hawaii if DCR or CoreCivic staff are preventing access to the grievance process, since interference with grievance filing can excuse exhaustion under Perttu v. Richards, 605 U.S. 460 (June 2025).

Qualified immunity in Hawaii prison cases

Individual DCR officers sued in their individual capacity under § 1983 can raise qualified immunity as a defense. Qualified immunity protects government officials from personal civil liability unless they violated a 'clearly established' statutory or constitutional right that a reasonable person would have known. Hawaii follows federal qualified immunity doctrine for § 1983 claims in federal court.

Hawaii has not enacted state legislation abolishing qualified immunity for law enforcement or correctional officers comparable to Colorado's ELEIA or California's 2022 Bane Act amendments. The Sheltra v. Christensen continuing violations doctrine (9th Cir. 2024) applies in Hawaii federal courts: a single properly exhausted grievance can cover later events from the same course of conduct. For Native Hawaiian prisoners at Saguaro, the 2017 religious rights settlement establishing that Native Hawaiian religious practices are constitutionally protected provides a record that may help establish clearly established law for future First Amendment and RLUIPA claims.

Native Hawaiian religious rights: RLUIPA and First Amendment

Native Hawaiian prisoners have significant civil rights protections under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc 1, and the First Amendment. RLUIPA requires that prison officials accommodate sincerely held religious practices unless there is a compelling governmental interest that cannot be served by less restrictive means.

A class action by Native Hawaiian prisoners at Saguaro Correctional Center, filed in March 2011, settled in 2017 protecting their rights to practice Native Hawaiian religion, including daily outdoor worship. An earlier case, Bush v. State of Hawaii, settled in 2008 protecting Native Hawaiian religious practices at Diamondback Correctional Facility in Oklahoma. These settlements establish that Native Hawaiian religion is constitutionally protected. Hawaii prisoners at Saguaro or other mainland facilities who are denied religious accommodations for Native Hawaiian practices should contact the ACLU of Hawaii and may bring RLUIPA claims. PLRA exhaustion of the facility's grievance process is required before filing.

State habeas corpus in Hawaii

State post conviction relief in Hawaii is governed by Hawaii Rules of Penal Procedure Rule 40, which allows petitions for post conviction relief in Hawaii circuit courts challenging the conviction, sentence, or legality of confinement. Rule 40 petitions are filed in the circuit court of the county of conviction. The Hawaii Supreme Court reviews post conviction decisions.

Federal habeas corpus under 28 U.S.C. § 2254 requires that Hawaii state court remedies be exhausted first. A prisoner must present each constitutional claim to the Hawaii courts, including the Hawaii Supreme Court, before filing in federal court. AEDPA time limits are strict; the general one year window runs from the date the conviction becomes final. Contact the Hawaii Innocence Project, the Hawaii Public Defender's Office, or the Federal Public Defenders for post conviction assistance.

Filing fees and proceeding in forma pauperis in Hawaii

Filing fees in the District of Hawaii are $405 as of 2025 (a $350 filing fee plus a $55 administrative fee). Under the PLRA, prisoners who cannot afford the filing fee may apply to proceed in forma pauperis (IFP) by submitting a financial affidavit and a certified copy of their prison trust account statement for the prior six months. If IFP is granted, the court assesses an initial partial filing fee and collects the remainder in monthly installments from the trust account.

The PLRA's three strikes rule (28 U.S.C. § 1915(g)) bars IFP after three dismissed cases unless the prisoner shows imminent danger of serious physical injury. For Hawaii prisoners at Saguaro, filing fees and IFP applications are made in the District of Arizona at the same rates. Track your prior dismissed cases carefully across both Hawaii and Arizona filings.

ADA and disability claims in Hawaii prisons

People with disabilities in Hawaii state prisons and at Saguaro Correctional Center have federal law protections under Title II of the ADA and Section 504 of the Rehabilitation Act. DCR must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and mental health disabilities. For Hawaii prisoners at Saguaro, CoreCivic must also comply with the ADA under its contract with Hawaii DCR.

ADA claims against DCR may be brought in federal court because Congress abrogated state sovereign immunity for Title II claims involving constitutional violations, per United States v. Georgia, 546 U.S. 151 (2006). ADA claims must generally be exhausted through the DCR or Saguaro grievance process under the PLRA before federal court filing. Contact Disability Rights Hawaii for assistance with disability related claims.

Pro se resources and legal aid in Hawaii

Hawaii prisoners proceeding without counsel (pro se) have access to several resources. The ACLU of Hawaii handles prisoner civil rights cases, including civil rights claims involving Saguaro and in state DCR facilities. The ACLU of Hawaii filed the Bronson Nunuha wrongful death lawsuit and has been involved in Saguaro religious rights litigation. Disability Rights Hawaii handles ADA and disability claims. The Hawaii Innocence Project handles post conviction matters. Hawaii Legal Services Association and similar organizations provide civil legal aid.

For in state DCR claims: file in the District of Hawaii courthouse at 300 Ala Moana Blvd, Honolulu, Hawaii 96850. For Saguaro claims: file in the District of Arizona (Phoenix or Tucson divisions). The ACLU of Hawaii is located at 1132 Bishop Street, Suite 300, Honolulu, Hawaii 96813. InmateAid can help families connect with advocacy organizations and attorneys handling Hawaii prisoner civil rights cases.

The bottom line for Hawaii

Hawaii's prison civil rights litigation landscape is defined by the two year § 1983 SOL (H.R.S. § 657 7); the Hawaii State Tort Liability Act (H.R.S. Chapter 662) providing state tort remedy without punitive damages and not covering constitutional violations; the extraordinary out of state practice sending roughly 870 prisoners to Saguaro Correctional Center in Arizona (meaning those prisoners file § 1983 in the District of Arizona, not Hawaii); the January 2024 renaming of DCR from Department of Public Safety; and strong Native Hawaiian religious rights protections under RLUIPA.

The key practical rules for Hawaii: identify whether your facility is in Hawaii or Arizona and file in the correct federal district; file § 1983 claims within two years; file state tort claims in Hawaii circuit court within two years under the State Tort Liability Act (but expect no punitive damages and no constitutional violation recovery under that Act); exhaust DCR or Saguaro's grievance process under the PLRA before federal court; if you are a Native Hawaiian prisoner denied religious accommodations at Saguaro or other facilities, contact the ACLU of Hawaii for RLUIPA assistance; and stay in contact through InmateAid.