FACTS: In 2005, Curtis Panoke was charged with second degree assault after an altercation at a homeless shelter. He was eventually placed in the custody of the Hawaii Department of Health (“DOH”) and, because of his level of violence and aggression, was committed to the Hawaii State Hospital (“HSH”). In 2007, while at HSH, Panoke attacked and severely injured a nurse. As a result, the DOH contracted with GEO Care Inc. (“GEO”), a provider of evidence-based rehabilitation services, and Panoke was transferred to The Columbia Care Regional Center, a facility in South Carolina that focused on behavior health. At Columbia Care, Panoke and his roommates were involved in a violent altercation, but Panoke’s request to move to a single room was ignored. In June of  2016, Panoke was attacked by his roommates while he slept and was left in a vegetative state.

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