Ex-Army Ranger’s $5M suit over guns dismissed

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has dismissed the $5-million lawsuit filed by former U.S. Army Ranger Paul Michael Murphy over the alleged confiscation of his firearms and ammunition in 2007.

Manglona, however, allowed Murphy to amend his complaint by April 20, 2015. She said a short and plain statement of the claims will suffice but other parts of the complaint must conform to the Federal Rules of Civil Procedure.

For instance, Manglona said, Murphy or his attorney must sign the complaint and certify that there is a legal and factual basis for the claims.

Additionally, the judge said, the complaint must contain a caption naming all the parties, and its paragraphs must be numbered.

In this case, Manglona said, Murphy failed to sign his first amended complaint, although he signed the original complaint.

Manglona said Murphy also erred in naming the Commonwealth as the defendant in the caption, rather than Department of Public Safety Commissioner James C. Deleon Guerrero, as he did in the pleadings.

“These minor inconsistencies are easily remedied,” the judge pointed out.

More importantly, Manglona said, Murphy must notify the defendants that they are being sued soon after he refiles the complaint.

The judge said Murphy must obtain a summons from the clerk and have copies of the summons and complaint served on the defendants.

In this case, Manglona said, neither the Commonwealth nor Deleon Guerrero was properly served, which is a violation of the Federal Rules of Civil Procedure.

Manglona said Murphy filed a proof of service stating that he personally served the summons and original complaint on the Office of the Attorney General and Deleon Guerrero’s agent.

However, Manglona said, because Murphy is the plaintiff, he is not allowed to serve his own process, and the service of the summons and complaint on Deleon Guerrero was ineffective.

The judge added that Deleon Guerrero has not made an appearance, and therefore would need to be served with a summons and the first amended complaint pursuant to Rule 4 even if he had been properly served with the original complaint.

On an aside, Manglona noted that, “perhaps an overabundance of zeal,” the Commonwealth’s lawyer at times made jabs at Murphy’s abilities, rather than stopping at his substantive arguments.

For instance, she said, after explaining the discrepancy between the defendant named in the caption (the Commonwealth) and the defendant named in the pleadings (Deleon Guerrero), defense counsel asserted that the “plaintiff must, once and for all, decide who he is trying to sue before further burdening the court and the defendant with additional filings in this matter.”

Manglona said that’s not a fair statement.

The judge pointed out that Murphy is a pro se, a non-lawyer litigant, and that it makes sense to give him the benefit of the doubt when he is tripped up by the legal profession’s arcane rules.

Manglona said the court itself does not feel it is “burdened” by Murphy’s filings; he made mistakes that any non-lawyer might make.

“Defense counsel does not lack for spirit, but he would be well-served by dialing down the sarcasm. Future statements on tone should not be necessary,” the judge said.

In his motion to dismiss, Deleon Guerrero, through assistant attorney general James M. Zarones, asserted that the court has no subject matter jurisdiction in this case and that Murphy has failed to serve a summons upon him.

Zarones said that Murphy’s second try to sue the CNMI, Deleon Guerrero, “or whoever he is trying to sue,” must fail for lack of compliance with the Federal Rules of Civil Procedure.

In his pro se complaint (filed without a lawyer), Murphy, who is now a teacher, also asked the court to repeal the CNMI Weapons Control Act and all associated legislation, licensing, taxation, recording, administration, and processing.

Murphy said DPS withheld all his firearms and ammunition until the issuance of a firearms, ammunition, and explosive identification card on Sept. 20, 2007.

He said his two firearms were sent to Guam Police Department armory for holding, while the ammunition is still being held by CNMI DPS Firearms Section.

Murphy said DPS had denied his repeated request to carry and possess his rifle and pistol.