House committee backs bill to bar "excited delirium" as cause of death or diagnosis in civil cases

The House Committee voted to advance a bill that would prohibit medical examiners, coroners and health-care providers from listing “excited delirium” as a cause of death or valid diagnosis in Hawaii, and would make evidence that a person experienced “excited delirium” inadmissible in civil actions.

Supporters included the Office of the Public Defender, the ACLU of Hawaii, civil-rights attorneys and family members of Sheldon Halleck, a veterans and native Hawaiian man who died after an encounter with Honolulu police that began with jaywalking and included tasing, pepper spray and restraint. Witnesses described the term “excited delirium” as unscientific, often tied to vendor-funded (Taser) expert testimony and used to deflect accountability for force used by officers. Medical and civil-rights experts and the family argued that excluding the term from civil trials would prevent juror confusion and make it less likely that unscientific testimony would obscure investigative facts.

The Judiciary submitted an opposition/concerns memo focused on evidentiary doctrine and case-by-case admissibility determinations; proponents countered that courts have been inconsistent and that the term lacks credible medical foundations. The committee adopted technical amendments for clarity and moved HB36 forward.