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OAG says man’s police brutality claims vs DPS is fatally defective
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Posted on Sep 23 2011
By Ferdie de la Torre
Reporter
Reporter
The claims of a man who filed a police brutality complaint against the Department of Public Safety and a former police officer are “fatally defective” so DPS should be dismissed from this lawsuit, according to the Office of the Attorney General.
In DPS’ motion to dismiss, assistant attorney general David Lochabay said that Jin Dong Wang failed to plead sufficient factual allegations suggesting that DPS is liable for the injuries he suffered.
Jin Dong Wang, through counsel Robert J. O’Connor, sued former police officer Jesse Dubrall for assault and battery, false arrest, emotional distress, violation of civil rights, and negligence.
Wang alleged that Dubrall hit him with a gun’s butt and repeatedly kicked him after mistaking him for another person that police were trying to arrest.
Wang, a Chinese national, also sued DPS for negligence and violation of civil rights and former DPS commissioner Santiago F. Tudela for violation of civil rights and negligence.
Wang is demanding at least $100,000 in damages and wants the court to direct DPS to implement procedures to prevent the use of excessive force, and assault of arrested persons in the future.
In DPS’ motion, Lochabay also argued that DPS is a line agency of the Executive Branch of the CNMI government so it cannot sue or be sued in its own name. Instead, the Commonwealth should be substituted as the real party in interest, he added.
He pointed out that the lack of any factual allegations suggesting negligence on the part of the Commonwealth means that the complainant cannot survive a motion to dismiss.
Lochabay said that Wang has alleged no facts that Dubrall’s illegal act was the result of any DPS training policy. “For this reason, this claim should be dismissed,” he said.
Attorney Robert O’Connor, counsel for Wang, his client suffered severe injuries on his head, abdomen, buttocks and legs. “He felt dizzy, weak, and nauseous.” Wang also reportedly suffered concussions, blurred vision, and post-traumatic nightmares.
