The city argues that three Honolulu police officers, not the county, are liable for damages resulting from an alleged chase, crash and cover-up in September 2021 that left two people permanently injured.

Because the officers acted outside the scope of their duties, they are liable not the county, city attorneys argue in motions filed in two separate lawsuits — one in state court and another in federal court by Deputy Corporation Counsel Page C. Ogata.

The lawsuits were brought by the family of Dayton Gouveia, who was 14 and paralyzed after the crash.

Officers Joshua J.S. Nahulu, 37; Erik X.K. Smith, 25; Jake R.T. Bartolome, 35; and a fourth officer not named in the civil matters, Robert G. Lewis III, whose age was not listed, also face criminal charges.

Nahulu is charged with allegedly causing the crash near the corner of Farring­ton Highway and Orange Street, in which a teenager was paralyzed and the driver of a white, four-door 2000 Honda Civic left with a traumatic brain injury. Bartolome, Lewis and Smith are charged with hindering prosecution and conspiracy- related charges. All four entered not-guilty pleas March 23.

In the city’s motions in the federal lawsuit, Ogata noted that HPD’s administrative review board recommended that the officers be “terminated.”

“If allowing a group of people to leave Maili Beach Park, followed by a tailing of the white Civic and subsequent high-speed vehicle chase where none of the police vehicles had their lights or sirens on, the intentional ramming of the white Civic, leaving the scene and subsequent cover-up are done for a purpose or purposes other than to serve the City — which is the case here — then the inquiry ends, and the Officer Defendants’ actions must be found to be outside the scope of employment,” argued Ogata.

The city’s arguments are “disgraceful,” Gouveia’s attorney Eric Seitz told the Honolulu Star-Advertiser.

“They allege, for example, that the acts of the cops were ‘outrageous or whimsical.’ They cite cases that in no way stand for the broad proposition they are now arguing. They don’t even mention that the city already has paid out $4.5 million to victims who presented the exact same claims or seek to explain why the claims of the two most seriously injured persons should now be treated differently and dismissed,” said Seitz. “If the city and its lawyers are correct they never should have paid out $4.5 million for claims that they now contend are unwarranted because doing so would constitute serious breaches of their fiduciary and professional obligations — indeed, possible criminal acts to divert public funds impermissibly.”

Honolulu Corporation Counsel Dana M.O. Viola declined comment.

“Since the city’s settlement of the related matter, further investigation has been conducted by the Hono­lulu Police Department and the prosecuting attorney. As a result of those investigations, both the Honolulu Police Department and the Department of the Prosecuting Attorney have taken steps to hold the officers accountable, which is the basis for the city’s motion to dismiss,” said Ian Scheuring, the city’s deputy communications director. “The city also is moving to dismiss the case filed in the United States District Court against several individual city employees, which essentially alleges these employees improperly interfered with the resolution of state court case. Prior settlement of the related cases does not impact this federal court matter.”

In September, Gouveia’s family filed a federal lawsuit alleging the HPD’s pursuit policy is defective. The civil action was filed after two mediation sessions and a settlement conference in a state civil case where the city offered nothing, Seitz has said.

Gouveia was paralyzed for months from the neck down, and doctors estimate the health care services he will need throughout his life will cost about $7 million.

Seitz said he filed the federal civil complaint in part because a trial date for his client in state court is not available until September 2024. The civil action names Mayor Rick Blangiardi, Hono­lulu Police Chief Arthur “Joe” Logan, Deputy Chief Rade Vanic, Prosecuting Attorney Steve Alm, Viola, the four HPD officers charged with crimes in the case, and the city. Ogata filed a motion seeking the dismissal of that case arguing that no racketeering activity took place among the named city officials.

Attorneys in three civil suits against the city have alleged that Nahulu had a years-long grudge against the driver of the Civic, Jonaven Perkins­-Sinapati, a point Ogata cited in her state court argument.

Perkins-­Sinapati suffered brain damage, was on life support after the crash and is pursuing a civil action against the officers.

Four other passengers who sustained injuries in the early-morning crash recently settled with the city for $4.5 million. Those passengers were 17, 18, 20 and 21 at the time of the crash.