1CCV-21-0000060 Davis Price vs OHA, SECURITAS, etal (excerpts)
Complaint Filed January 16, 2021 in First Circuit Court, Oahu (link):
Editor’s Note: Plaintiff Davis Price is the former office manger for OHA Kauai Trustee Dan Ahuna. He is currently an OHA grant manager.
1. This is an action brought by Plaintiff to vindicate the outrageous assault and violation of The Office of Hawaiian Affairs (hereinafter “OHA”) duty to take reasonable steps in order to protect their employees from assault and battery by a third party known as The Kingdom of Atooi (hereinafter “Atooi”) at the Office of Hawaiian Affairs building on Thursday January 17, 2019.
2. On or about January 4, 2019, Atooi arrived at the Oahu OHA offices located on Nimitz St. and demanded entry to the lobby area of the office.
3. On or about January 4, 2019, Securitas Security Guard (hereinafter “SSG”) granted access to Atooi in order to enter the lobby area of the offices. Once inside, Atooi began yelling aggressively that they were there to arrest OHA Trustees due to the on-going wide spread corruption occurring at OHA. The Atooi group identified themselves as federal officers and yelled loudly for all employees in the immediate area to hear that they were at the OHA offices to seize assets and arrest Trustees. A female employee of OHA was able to address Atooi in the lobby and deescalate the situation for the time being. The female employee reported back to all OHA staff that Atooi stated they were leaving today, but would return to carry out their previously stated mission, which was to take control of the Oahu OHA office located on Nimitz St.
4. On or about January 17, 2019, at approximatively 11:30 a.m. Atooi returned to the Oahu OHA office on Nimitz. The same SSG granted access to Atooi in order to enter the lobby area of the offices. Once inside the lobby area, Atooi again violently and aggressively attempts to take control of the OHA offices. During the violent attempt by Atooi to gain control of the OHA office, Mr. Price is viciously assaulted by Atooi, which ended up in physical, mental, and emotional trauma for Mr. Price….
5. … Plaintiff seeks compensatory damages in excess of $25,000.00….
17. On or about January 5, 2019, Defendant OHA, by and through their Chief Operating Officer provides and email to all OHA employees and SECURITAS security personnel in guidance for the safety of all employees, due to the January 4, 2019 incident with Atooi. The email provided detailed instructions on exiting and entering the building to avoid confrontations with Atooi, in case they returned. The Honolulu Police Department (hereinafter “HPD”) and the State of Hawaii Sheriffs (hereinafter “Sheriffs”) were notified and ready to respond to any further attempts by Atooi to gain access to the OHA lobby or building area by remaining on-call, but had no physical presence at the Oahu OHA building itself. No additional SECURITAS security personnel were added to secure the lobby area after the January 4, 2019 incident.
18. On or about January 7, 2019, Defendant OHA releases a second email which was sent to all OHA employees at the Oahu OHA office located on Nimitz St. The email is also sent to Defendant SECURITAS personnel reminding the security staff to remain alert to Atooi’s return, the email again noted that the Sheriffs and HPD were on standby and that OHA wanted to avoid any further confrontations in the lobby area of their offices. OHA management was concerned about the threat of Atooi returning, which was reasonably foreseeable given the aggressive nature of the first incident on January 4, 2019 and the threat to return to the same OHA office by Atooi. These emails by OHA management were communicated clearly to Defendant SECURITAS security guards and those who had encrypted key card access to OHA’s front lobby door to not allow Atooi access to the lobby area of the Oahu OHA office. No additional HPD, Sherriff, or SECURITAS security personnel were added to secure the lobby area at this time.
19. On or about Thursday, January 17, 2019, at approximately 11:30 am, Atooi returns to the Oahu OHA offices with about 12 to 13 individuals dressed in red shirts and identifying themselves as federal officers of the Kingdom of Atooi. Defendant SECURITAS security guard, again grants access to Atooi with his encrypted key card to enter the lobby area of the Oahu OHA offices. Atooi enters and immediately begins to attempt to take control of the OHA office area by the use of force and violence. During the invasion of the OHA offices by Atooi, Mr. Price is viciously assaulted by members of Atooi....
26. Once Atooi was inside the OHA offices, Mr. Price is confronted by five (5) Atooi members immediately who are yelling that everyone is corrupt at OHA and that everyone will be arrested and will be going to jail. Atooi members begin yelling at Mr. Price demanding to be allowed into the back-office area adjacent to the lobby.
27. Atooi eventually gains access through the door that Mr. Price is trying to keep closed so that other employees are not put in harm’s way. Atooi individuals begin forcing their way through the door and start pulling Mr. Price away from the door striking him in the face, head, neck and shoulder areas. Eventually Atooi is able to grab Mr. Price by his waist and legs as the struggle continues with the door.
28. Atooi is able to violently overpower Mr. Price and they force him face down on the floor with each one of his arms and legs being held by a different Atooi member. While being held down by these four individuals, another man comes from behind Mr. Price and puts him in a rear naked choke hold and sinks the choke underneath Mr. Price’s chin and he is unable to breath.
29. At this time, Mr. Price is having his limbs held by four (4) Atooi individuals while another Atooi individual is choking Mr. Price. Mr. Price is helpless and is unable to defend himself.
30. Atooi once in control of Mr. Price, then starts dragging him away from the door to the back office for OHA employees to the front entrance door of the lobby. These four Atooi men, with Mr. Price suspended above the floor begin to swing Mr. Price by his limbs and toss Mr. Price head first out of the lobby door.
31. Atooi members then turn their attention to other OHA employees and continue to assault employees, make demands to know where Trustees are, and attempt to gain control of the Oahu OHA office located on Nimitz St.
32. Mr. Price was admitted Kaiser Hospital, Emergency Room for evaluation. He was diagnosed with two (2) broken ribs, and multiple contusions….
read … Complaint Price v OHA, SECURITAS, etal