Tseu Ex Rel. Hobbs v. Jeyte

NAKAYAMA, Justice.

Defendant-appellants Albert Jeyte and Jessie Wheelwright appeal from the circuit court’s dismissal of their counterclaim against the Hawaii Civil Rights Commission (HCRC) for negligent investigation and negligent or intentional infliction of emotional distress. On appeal, appellants argue that: (1) the discretionary function exception to the State Tort Liability Act does not bar their claims; and (2) their counterclaim stated claims upon which relief could be granted. We hold that the circuit court erred in dismissing count 1 of appellants’ counterclaim alleging negligent…