- Associated Press - Friday, August 12, 2016

HILO, Hawaii (AP) - A Hilo man is suing the state Department of Public Safety over false imprisonment allegations after he says he was held in jail longer than his court-imposed sentence.

Byron Mitsuo Miyashiro’s lawsuit says he was held at the Hawaii Community Correctional Center for an extra two months. He is seeking at least $40,000 in damages, The Hawaii Tribune-Herald reports (https://bit.ly/2aPOwM4).

Miyashiro, 57, had been given a one-year sentence in February 2014 after a DUI conviction and was given credit for time served. Court records say he had been in custody since his November 2013 arrest, but wasn’t released until January 2015.

“He was held for 65 days after he was supposed to be released,” said Miyashiro’s attorney, Al Thompson, who filed the suit in Hilo District Court on Aug. 5.

The complaint also names as defendants DPS Director Nolan Espinda, Deputy Director of Corrections Alan Asato, Hawaii Community Correctional Center and HCCC Warden Peter Cabreros.

In addition to false imprisonment, Miyashiro also alleges negligence against the defendants for keeping him in custody longer than his sentence.

DPS spokeswoman Toni Schwartz confirmed Miyashiro was released by the Hilo jail on Jan. 13, 2015, but she did not comment on the lawsuit.

“There’s not anything specific I can say about his case because it is part of pending litigation, and it’s also part of an internal investigation into the matter, now that it’s been brought to our attention due to the litigation,” Schwartz said.

Thompson said his client “wasn’t given any reason whatsoever” for being held the extra two months. He said he hopes the lawsuit can be settled “in an amicable and expeditious manner.”


Information from: Hawaii Tribune-Herald, https://www.hawaiitribune-herald.com/

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