The family of Thane Leialoha sued the state accusing the correctional department of violating his constitutional rights by using excessive force to stop him.

In 2006, The 28-year-old picked several locks and jumped from a prison van in downtown Hilo. After a struggle with an officer, Leialoha ran and was shot in the back of his head.

The judge ruled that the officer did give Leialoha fair warning before firing and that deadly force is allowed to stop an escaping inmate.

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