HONOLULU — Hawaii Circuit Court Judge Kevin Morikone granted a summary judgment in favor of Kapolei Charter School, school director Wanda Villareal, the state Department of Education and the Hawaii State Public Charter School Commission in a suit brought by three former students who claimed they were the subject on an illegal strip search four years ago.
In a complaint initially filed in 2020 and amended this year, plaintiffs Randell Akau, Anuhea Morales Nelson and Chevelle Peter claimed they were falsely accused of vaping and smoking marijuana on a school bus while on a field trip and were subsequently called to Villareal’s office days later where they were “illegally searched, assaulted, battered and had their privacy invaded by Villareal.”
According to the complaint, each of the plaintiffs was asked to lift their shirts to their bra line and later to jump up and down. One plaintiff claimed that Villareal ordered her to pull her pants down to her knees and patted each of the plaintiffs at their waists, hips and buttocks.
Vice Principal Mailani Gaspar and another teacher were present during the search.
The plaintiffs, who each withdrew from the school following the incident, claimed to have suffered “mental anguish, emotional distress, embarrassment, humiliation and anger” as a result of Villareal’s alleged actions and sought general and punitive damages, an end to strip searches at the school and mandatory training for charter school administrators.
The defendants vehemently denied the allegations and moved for summary judgment on all claims.
A trial had been scheduled for Monday, but Morikone sided with the defendants and issued the summary judgment, which vacated the trial, and ordered the entry of a final judgment.
“We are very satisfied with the decision,” said Deputy Attorney General Justine Hura, lead attorney for the defendants. “The Department of the Attorney General’s position has always been that the claims lacked any merit, and we are happy to announce that our clients have prevailed in this case.”
Malcolm Lau, the school’s governing board chair, said Villareal had the board’s “unwavering trust and belief.”
“We take school safety seriously and work hard to keep our school positive and drug-free,” he said. “We are proud that we have approached this matter with care and compassion for all concerned. Our top priority is to ensure that we can provide a positive and safe learning environment that serves the best interests of our students.”