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Tourist’s suit vs 2 soldiers for alleged beating dismissed
The federal court has dismissed a lawsuit filed three years ago by a tourist against two members of the U.S. military special forces for allegedly beating him up outside the G.I.G. Discotheque in Garapan.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Ki Pong Kwon’s lawsuit after he, though counsel, failed to file any response to the court’s order.
Kwon filed the lawsuit on Sept. 22, 2012, but failed to show proof that he had notified either defendant of his complaint, Manglona said.
Disbarred lawyer Ramon K. Quichocho used to serve as counsel for Kwon in the lawsuit against Carl Weight Jr. and Marty Joel Lopez.
On June 5, 2014, the court ordered Kwon to show cause why his lawsuit should not be dismissed pursuant to Federal Rules of Civil Procedure.
Manglona said the order was served on Kwon’s counsel, Quichocho, on the same day through the court’s electronic filing system, or case management/electronic case filing system.
Kwon, a Korean national, sued Weight and Lopez for assault, battery, and intentional infliction of emotional distress. He demanded damages, attorney’s fees, and court costs.
According to the complaint, Kwon and a friend named Tony had gone to G.I.G. Discotheque on Sept. 22, 2012, at 12:30am. About 30 minutes later, Tony left. At 2:40am, Kwon called him to pick him up at the discotheque.
As Kwon was getting inside Tony’s vehicle, Weight and Lopez allegedly started taunting Kwon. Quichocho said that when Kwon got into the vehicle, one of the defendants opened the door and punched and hit Kwon. Weight and Lopez then allegedly pulled Kwon out of the vehicle and continued beating and taunting him.
Tony tried to stop the beating, but one of the defendants stood in front of him and allegedly threatened him.
Tony called the police, prompting the defendants to run away from the scene.
Quichocho said Tony tried to pick up the unconscious tourist, but saw his head was covered with blood.
An ambulance later transported Kwon to the Commonwealth Health Center where he received several stitches to the head.
