LIHUE — A retired police lieutenant has refiled a civil suit against the County of Kauai, Kauai Police Department, Chief Darryl Perry and Assistant Chief Mark Begley. Retired Vice Lt. Eric Shibuya is seeking damages for an alleged punitive transfer
LIHUE — A retired police lieutenant has refiled a civil suit against the County of Kauai, Kauai Police Department, Chief Darryl Perry and Assistant Chief Mark Begley.
Retired Vice Lt. Eric Shibuya is seeking damages for an alleged punitive transfer and resulting meritless investigation. After his initial suit was withdrawn in 2012, the case was filed again earlier this month in 5th Circuit Court through the law firm of Richards & Zenger.
Shibuya retired on Feb. 29, 2012. He says it was an early retirement and the result of the problems he experienced. He joined the Kauai Police Department in 1987, served in the narcotics vice section of the Investigative Services Bureau, was a detective in the property crimes and juvenile sections and retired as commander of the vice unit in 2007.
At the time Chief Perry took over in 2007, Shibuya was updating the standard operating procedures in the vice unit as directed by the State of Hawaii Organization of Police Officers union, according to the suit. SHOPO has a written collective bargaining agreement with KPD that is subject to and in accordance with Hawaii Revised Statutes.
Shibuya alleges that Perry and Begley accused him of insubordination and dereliction of duty and transparency during a meeting on the subject. After presenting documentation and testimony to refute the allegations, Shibuya claims that an internal investigation followed, and his office computer, records and files were seized and he was then involuntarily transferred to a patrol division. Shibuya alleges the investigation could have resulted with the termination of his job and loss of retirement benefits.
After filing a grievance with SHOPO, Shibuya claimed the retaliation continued with an administrative investigation alleging eight violations of department standards of conduct. He was then reassigned as commander of the vice unit in March 2010.
Kauai County spokeswoman Sarah Blane said the county could not comment on pending litigation. The suit alleges KPD would not produce documents to justify the previous transfer and investigation. In December 2011, the Administrative Review Board dismissed all charges against Shibuya as meritless.
Shibuya is suing for claims of relief, including civil conspiracy from acts and conduct of his leadership and is seeking monetary damages to be set at trial. He is also charging defamation, intentional infliction of emotional distress, abuse of process, malicious prosecution, intentional interference with contractual relations and invasion of privacy.
The initial case came to an end in late 2012, without any hearings scheduled and both parties filing a stipulation for dismissal of claims.
