Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 3, 1 March 2002 — OHA wins Carroll [ARTICLE+ILLUSTRATION]

OHA wins Carroll

On Feb, 19 Judge David Ezra dismissed the Carroll v, Nakatani case and issued a summary judgment finding that plaintiff lacked standing in the matter, The dismissal supported OHA's motion arguing that John Carroll "neither submitted an application to OHA nor asked this court to order OHA to provide him with any benefit, program and/or advice," Thus, Carroll was not "personally impacted" nor denied any benefit, as the federal courts require for standing, The Ninth Circuit Court had earlier issued an Order To Show Cause why the Barrett v, State of Hawai'i case was appealed given that it was consolidated with the Carroll case, At press time, Judge Ezra stated he would file a written order of his decision before March, Onee an order of judgment is entered, then either Barrett or Carroll ean appeal to the Ninth Circuit. Both cases charge OHA is discriminating in not providing services to non-Hawaiians thus breaching their rights to equal protection under the 14th Amendment of the Constitution,

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