DeCambra v. Director Ted Sakai, Department of Public Safety ( 2014 )

Electronically Filed
Supreme Court
SCPW-13-0005657
03-JUN-2014
10:18 AM
SCPW-13-0005657
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
JOHN DeCAMBRA, Petitioner,
vs.
DIRECTOR TED SAKAI, DEPARTMENT OF PUBLIC
SAFETY, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ.,
and Circuit Judge Ochiai, in place of Acoba, J., recused.)
Upon consideration of petitioner John DeCambra’s “Writ
of Habeas Corpus”, filed on November 25, 2013, which we review as
a petition for a writ of habeas corpus, the respondent Director
of the Department of Public Safety’s answer to the petition for a
writ of habeas corpus, filed on March 27, 2014, the respective
supporting documents submitted thereto, and the record, it
appears that respondent’s actions do not amount to a deliberate
indifference to petitioner’s medical need. Petitioner,
therefore, is not entitled to the requested habeas corpus relief.
See Estelle v. Gamble, 429 U.S. 97, 104-05 (1976) (to establish a
constitutional claim under the Eighth Amendment predicated upon
the failure to provide medical treatment, an inmate must show
(1) a “serious medical need” by demonstrating that failure to
treat the condition could result in further significant injury or
the unnecessary and wanton infliction of pain, and (2) the prison
official’s response to the medical need was deliberately
indifferent to the prisoner’s medical need); Farmer v. Brennan,
511 U.S. 825, 847 (1994) (deliberate indifference exists when a
prison official knows an inmate faces a substantial risk of
serious harm to his health and fails to take reasonable measures
to abate the risk); Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.
2000) (deliberate indifference is shown by a purposeful act or
failure to respond to a prisoner’s pain or possible medical need,
and harm caused by the indifference). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
habeas corpus is denied.
DATED: Honolulu, Hawai'i, June 3, 2014
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Dean E. Ochiai
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