Two prison guards at Kulani Correctional Facility on the Big Island are asking a state judge to halt the state's plan to lay off hundreds of government workers as a way to close a budget deficit.

Gerald Kaleiki and Norman Lyman yesterday filed a motion for a preliminary injunction in Circuit Court. The motion, filed on behalf of the two guards by labor lawyer Charles Khim, will be heard by Circuit Judge Karl Sakamoto on Nov. 13.

Kaleiki and Lyman are among an estimated 1,100 state workers who will be laid off on Nov. 13. The guards are members of the United Public Workers union, which has not agreed to a furlough or layoff plan with the state, Khim said.

The state in July ordered the minimum-security facility to be closed and its 23 inmates already have been moved to other facilities.

Khim said he also will be asking Sakamoto to certify his complaint as a class action so it would include other state workers and offices that are targeted for layoffs or reduction in service. This would include most of the state's film office, the Community Based Economic Development Program, Enterprise Zone/Partnership Program, as well as staff at Kulani, according to the lawsuit.

These workers have not agreed to be furloughed or laid off and are not part of the furloughs that were negotiated by the state and Hawaii Government Employees Association and Hawaii State Teachers Association, Khim said. The lawsuit alleges that the state is violating workers' constitutional right to work.

Khim alleges in the motion that through these negotiated furloughs, the state will exceed its goal of saving $344 million per year.

"The basis of our lawsuit is the fundamental right to work, which means if you are employed by the government, you have a right to keep your employment unless there is a compelling state interest why employment should not be kept," Khim said last night. "And even then, if there is a compelling state interest, you have to meet the least drastic means by which to effectuate that.

"In our case, we argue there is no compelling interest because if it's saving money, the governor already saved $5 million more than her target."

Gov. Linda Lingle could not be reached for comment last night.

In July, Sakamoto ruled Lingle's unilateral order of three furlough days a month for two years was unconstitutional and should be the subject of collective bargaining.