City sued over beating death of woman outside Kapolei Police Station
Mar. 2—The personal representative for the estate of Linda May Johnson is suing the city for her wrongful death after police allegedly failed to help her during a fatal beating just outside the Kapo lei Police Station entrance.
The personal representative for the estate of Linda May Johnson is suing the city for her wrongful death after police allegedly failed to help her during a fatal beating just outside the Kapo lei Police Station entrance.
The 48-year-old homeless woman was beaten Feb. 15, 2022, allegedly by a mentally ill man who had been released by police a short time earlier at the Kapolei station.
The lawsuit alleges "Michael Armstrong brutally attacked, beat and caused the death of Linda May Johnson, " and no officers came to assist or intervene during the beating.
Plaintiff Estate Administrative Services LLC, appointed by a judge to serve as personal representative for Johnson's estate, is suing the city and unnamed officers, employees, agents and representatives of the city and /or the Honolulu Police Department, who contributed or may be responsible for her injuries.
The complaint alleges that the defendants' negligence was a substantial factor in causing Johnson's death. It also alleges their conduct violated her civil rights, acting in deliberate disregard for her rights, interests and well-being.
The 48-year-old homeless woman had been arrested in Waikiki for sleeping in a closed park, then taken across the island to the Ka polei Police Station for booking and released without any transportation or resources or help to return to Honolulu to find shelter, according to the complaint filed Monday.
A witness who called 911 testified at a court hearing that Johnson was weak and had asked for water. He conveyed to a police officer inside the station that she was asking for help and emergency assistance, but the officer left the desk and never came out to check on Johnson.
The then 35-year-old Armstrong allegedly used a tree trunk to beat the woman to death near the front entrance of the station. He had just been released pending investigation for allegedly punching an officer in Mili lani the night before.
The police officers who released Armstrong knew or should have known of his lengthy history of mental illness and admissions for treatment at mental health facilities, and that he posed an immediate risk of harm to others, including to Johnson, the complaint alleges.
He was acquitted by reason of insanity in 2007 in a burglary, auto theft and theft case on Hawaii island and was committed to the Hawaii State Hospital.
HPD spokeswoman Michelle Yu said in a written statement that the department has not yet reviewed the complaint, but "we are working with the community to assist individuals with mental health concerns.
"The internal administrative investigation into the incident is ongoing."
Johnson had been arrested at 3 :15 a.m. Feb. 14, 2022, and was released at 8 a.m. She was taken to the Kapolei station because the cellblock at police headquarters was under construction.
The complaint says Johnson's extended family members have suffered mental anguish, pain and anger and had to incur medical treatment and funeral expenses as a result of her wrongful death.
The plaintiff is seeking general, special and punitive damages against defendants and reimbursement for costs and expenses.
Armstrong was charged with second-degree murder, but he was found in May, September and December unfit to proceed to trial. He is scheduled for another review hearing March 21 for his mental fitness.
He was also indicted March 18, 2022, on charges of first-degree assault of a police officer and third-degree assault, but the case is also stalled due to him being found mentally unfit to proceed to trial.
