Monday, February 24, 2014

Musings: Tim vs Shay = Over

A federal judge has ended a politically-fueled legal battle between Kauai Councilman Tim Bynum and former county prosecutor Shaylene Iseri-Carvalho.

In a withering order that rejected all of Shay's attempts to keep the case alive, U.S. District Judge J. Michael Seabright wrote:

[P]roceeding in this action, where Plaintiff [Bynum] has been compensated and seeks dismissal with prejudice, would serve no purpose other than to feed the fire of Plaintiff’s and Carvalho’s public feud. Needless to say, such purpose does not justify the expenditure of the parties’ or the court’s resources. 

The court will not be drawn into this continuing political feud.

In his September 2012 lawsuit, Tim claimed that Shay and planning inspector Sheila Miyake violated his civil rights by pursuing him on a zoning violation to squelch his free speech on the Council and harm his re-election bid.  

He walked away from the bruising battle with money and some court-sanctioned vindication, if not victory.

As I previously reported, Tim reached a settlement with the county, Sheila and Shay in her professional capacity. But Shay resisted his move to dismiss the case against her personally, saying she wanted a trial to dispel the "cloud of suspicion and doubt" that marred her image.

Judge Seabright, however, found that Shay had “utterly failed” to establish legal grounds for her request. He went on to write:

Proceeding with this action would provide Carvalho no assurances that she would prevail in this action, much less regain standing in the public eye.

Shay also wanted the court to declare the case frivolous, so she could recoup legal fees. But the judge again rejected her request, citing five examples of evidence presented to bolster Tim's case (emphasis added):

Plaintiff claimed that Carvalho violated his civil rights by, among other things, improperly investigating him for zoning violations, bringing a criminal action against him that was not supported by probable cause, and seeking his recusal from Council matters involving her office by publicizing Plaintiff’s alleged bias.

Whether or not this evidence establishes Plaintiff’s claims (an issue the court need not decide), it shows that Plaintiff had at least some factual basis for his claims, and that they do not appear to be frivolous, unreasonable, or groundless.

The court therefore finds that Carvalho would not be entitled to her attorneys’ fees even if she prevailed at trial.

It's unclear how much Shay's personal attorney, Richard Wilson, has racked up in fees, though he previously told the court it was “substantial.”

The case reportedly cost the county $500,000 in legal fees, with its insurance company paying Tim's settlement. Tim claimed he suffered financial damages because the zoning prosecution scuttled the pending sale of his house.

Sheila, meanwhile, continues to earn a comfortable salary and build her retirement fund in the county planning job that was handed to her by former Mayor Maryanne Kusaka. Shay is rumored to be considering a Council run.

And Kauai taxpayers will once again pick up the tab for political shenanigans, blood feuds and outright dirty tricks.  

24 comments:

Anonymous said...

The judge just gave Shay and her lawyer the legal equivalent of MMA cracks. TKO on their feet but staggering around in a daze, all loopy!

Anonymous said...

Malicious prosecution should result in disbarment. If Sheila Miyake is not fired for her illegal actions, then her boss should be fired.

Anonymous said...

No winners here, only losers and I wondered if anyone else feels it is totally improper for Tim to have sued the county as he stays working for the county? He should resign.

Anonymous said...

this is all great! pathetic in all regards yet intimate look into how "they" so called work for our illustrious county. This is a singular drama that came to light; others are just as disgusting. The hubris that emboldens these folks shouldn't be surprising but there ya go....

Anonymous said...

There is a conundrum in the whole mess. Tim sues and is a hero? Shay steps out of line and will get elected to Council?
A hard fact for many of the lemmings in the "I hate everyone" crowd, SHEILA Miyake is the best inspector at the County. Plus she is a good person.
Sheila has helped many people come into compliance. She will assist in clearing up issues (which effect 25% of Kauai residences) and she will cite the bad owners. Sheila is effective, smart and after everything is said and done a real asset to the intent and purpose of County Planning.
There are many people who cast stones at Building/Planning Departments that have never been involved in the process.
County haters - walk to your GMO free/lactose intolerant refrigerator in another persons moccasins before you..

Anonymous said...

Sheila for Council!

Anonymous said...

This was not a blood feud. This was a abuse of power. Tim had a slam dunk case thanks to the tape made by Jake. The council should have been asking for a settlement from the outset. What too busy to listen to that tape. The only thing frivolous in this case was the way some council members were so willing to ship our tax dollars off to the Honolulu lawyers. $500,000 for what?

Anonymous said...

Definition of blood feud: a feud between different clans or families

Haoles against locals

Anonymous said...

A Planning Inspector goes looking in Tims windows.
He sues for trespass.
Our County Council votes to spend half a mill defending the case instead of saying "oops, our bad."
The Council is like crabs in a pot.
The federal judge called it a feud.
Public prosecutors have no place getting involved in feuds.

Anonymous said...

Shay has now cost the taxpayers close to a million dollars, maybe more. EEOC and now a federal judge have made findings about her conduct. Instead of taking responsibility she will blame the people she victimized.

Anonymous said...

"Sheila Miyake is the best inspector" too funny
She is one of the most unqualified and incompetent hires for the county. Wasn't she a past Mayor's hair stylist and that is how she got the gig? Did you ever see her in front of the council? She couldn't answer the questions because she couldn't comprehend what they were asking her.

Anonymous said...

Mel and Ross want to spend more taxpayer dollars to get to the truth. The truth is the court didn't want to be drawn into Shay's feud with Tim just to satisfy her ego.

Anonymous said...

Tim has his dough.
All is well with the world.
If he has class he will donate the entire sum to a charity. My God people, don't you realize the conniving greed involved here?

Anonymous said...

that actually restored some faith in our legal system. shay should simply shut her BIG trap. good for you, tim.

Anonymous said...

9:22 This Timmy thing isn't a Haole/Local deelybob.
It may have been political, but the gist of the lawsuit was greed, manipulation and old age retirement.
C'mon, the CA and Council spend 500K of taxpayer money and then the Insurance company pays more.
There is a lesson in civics here. A bad lesson.
Every Council person who voted to pay this much for Tim's dinky l'il trespass should be slam dunked out of office.
Zumtink schtinks in zee Council Chamber.

Anonymous said...

RE: 2/25/14 7:23 am Thank you Sheila for the flip side. Those heart filled words just brought tears to my face. Tissue please.

Anonymous said...

Hubris was a good word choice, for describing what happened. The Council is guilty of it too.

Hubris means "extreme pride or self-confidence. Hubris often indicates a loss of contact with reality and an overestimation of one's own competence, accomplishments or capabilities, especially when the person exhibiting it is in a position of power.

In ancient Greek, hubris referred to actions that shamed and humiliated the victim for the pleasure or gratification of the abuser."

Spending our taxes like that on a feud, when they all knew it was a trespassing against Bynum and a BS case. They all knew it but easy to spend your money taking pleasure in trying to take him down. This Council is disgusting.

At least the federal court had the clarity to call it what it is - a feud.

Shame on Council for indulging and feeding it. Furfaro is a sad hubristic pawn. Tim's check should come with an apology.

Anonymous said...

This makes me sick and angers me... Castillo should be investigated... Tim should go away and so should Shay... We need a fresh start on the council... VOTE ALL OF THEM OUT...

Anonymous said...

Shaylene wanted the taxpayers to keep paying those Honolulu lawyers because a half a million didn't prove how much we really cared. Don't worry, your reputation hasn't changed. By the way, did you notice that no attorney has left the prosecutor's office since Justin took over? Compare that to the constant turnover in that office during Shaylene's reign of terror. No EEOC complaints, no procurement scandals, no hint of using the county car to go bar hopping, no reports of drunken behavior, no problems with the Humane Society, no just out of law school first deputy, no blogging deputy being paid six figures, no inflated conviction rates, just professional behavior. What a difference a new prosecutor makes.

Anonymous said...

Shey and Shelia are typical Kauai local government employees. They just got caught .

Anonymous said...

Anonymous said...
Shaylene wanted the taxpayers to keep paying those Honolulu lawyers because a half a million didn't prove how much we really cared. Don't worry, your reputation hasn't changed. By the way, did you notice that no attorney has left the prosecutor's office since Justin took over? Compare that to the constant turnover in that office during Shaylene's reign of terror. No EEOC complaints, no procurement scandals, no hint of using the county car to go bar hopping, no reports of drunken behavior, no problems with the Humane Society, no just out of law school first deputy, no blogging deputy being paid six figures, no inflated conviction rates, just professional behavior. What a difference a new prosecutor makes.

February 25, 2014 at 10:02 PM

Thank you for paying attention to Shayme's selfless deeds.

Anonymous said...

James 1:19-20 " Know this, my beloved brothers: let every person be quick to hear, slow to speak, slow to anger for the anger of man does not produce the righteousness of God."

Anonymous said...

And neither does the abuse of power by those entrusted to run our government.

Anonymous said...

@2:08 pm

You use Shayme as though you are obsessed with it.

As Webster defines "Me" the initiator or the subject referenced. So when you us this gibberish what you are actually saying is that to you are ashamed of yourself. Why would anyone want to be known as a charlatan is beyond Me.