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Hawaii Revised Statutes

Haw. Rev. Stat. § 662-10 (2026)

  Judgment as bar

✓ current as of July 2026
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     §662-10  Judgment as bar.  The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS §662-10]

 

Case Notes

 

  Where plaintiff alleged that plaintiff was sexually assaulted by a youth correctional officer while plaintiff was a minor ward detained at a youth correctional facility, this section did not bar plaintiff from obtaining contemporaneous judgments from defendant in defendant's individual capacity and from the State; to the extent that recovery against the State was predicated on the alleged negligence of defendant's superiors in hiring, supervising, training, and retaining defendant, such a claim did not involve "the same subject matter" as the intentional tort claims against defendant.  133 H. 453, 331 P.3d 431 (2014).

 

 

Notes of Decisions
Cited in 3 cases, 1980–2014 · leading case: Costales v. Rosete, 331 P.3d 431 (Haw. 2014).
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Costales v. Rosete, 331 P.3d 431 (Haw. 2014). · cites it 27× “We also hold that in this case HRS § 662-10 does not bar contemporaneous judgments against the State and against Rósete in his individual capacity.”
Dist. Sch. Bd. of Lake Cty. v. Talmadge, 381 So. 2d 698 (Fla. 1980). “, Haw. Rev. Stat. § 662-10 (1976); Ind. Code Ann.”
Costales v. Rosete., 324 P.3d 934 (Haw. 2014). · cites it 27× “We also hold that in this ease HRS § 662-10 does not bar contemporaneous judgments against the State and against Rósete in his individual capacity.”
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