Federal Court Allows Limited Refiling in Nakaahiki Police Lawsuit

In a Nov. 3, 2025 order, Chief Judge Derrick K. Watson dismissed the Second Amended Complaint in the civil case Bronson Nakaahiki v. Kauai Police Department, Civ. No. 25 00401 DKW KJM, while giving the plaintiff narrow permission to replead one set of claims. The court found that the pleading did not meet required standards for screening and allowed limited leave to amend only for the excessive force allegations in Count II. The order gave Nakaahiki until Nov. 24, 2025 to file an amended pleading that cures the specific deficiencies identified by the court.

The judge dismissed the remaining claims in the Second Amended Complaint with prejudice, meaning those claims cannot be re filed in any amended pleading. The order also informed the plaintiff of an alternative route. Nakaahiki may voluntarily dismiss the action and avoid having the dismissal counted as a strike under 28 U.S.C. § 1915(g), a statute that can limit a prisoner's ability to file further in forma pauperis actions if multiple frivolous suits are recorded. The court provided a blank prisoner civil rights complaint form to assist with any permitted amendment and warned that failure to meet the deadline could result in automatic dismissal and other consequences.

The written opinion reviews Nakaahiki's factual allegations, including an initial traffic stop, an alleged use of force, a later mobbing incident, and claims of continued harassment. In applying the screening standards that govern in forma pauperis prisoner complaints, the court evaluated which claims were plausibly stated and which were deficient under 28 U.S.C. §§ 1915(e)(2) and 1915A. The ruling makes clear that only the excessive force claim survived that scrutiny to the extent that it may be repleaded.

For residents of Kauai County the order matters on several practical levels. It confines the immediate litigation to a narrow legal issue, potentially shortening early court proceedings while preserving the possibility of a focused challenge to use of force practices. At the same time, dismissal with prejudice of other counts removes certain avenues of redress for the plaintiff in federal court, which may influence decisions about settlement, further state level actions, or community calls for oversight.

The case underscores the procedural hurdles that litigants face when pursuing civil rights claims from custody. It also highlights how federal screening statutes shape access to the courts. As the deadline approaches, the county and the Kauai Police Department will be watching whether an amended complaint is filed, the case is voluntarily dismissed, or other legal steps are taken that could affect public scrutiny and accountability questions that matter to the local community. The court order is available in full on the Justia docket for the case.