OAG asks court to substitute govt as defendant in police brutality lawsuit

The Office of the Attorney General is asking the federal court to dismiss former police officer Jesse Dubrall as a defendant in a police brutality lawsuit and instead substitute the CNMI government in his place.

Assistant attorney general Michael A. Stanker asserted that the Commonwealth is the proper defendant as Dubrall was acting within the scope of his employment when the incident happened.

The government lawyer said that when a Commonwealth employee is sued for wrongful or negligent conduct, the Commonwealth Employees Liability Reform and Tort Compensation Act empowers the attorney general to certify that the employee “was acting within the scope of his/her office of employment at the time of the incident out of which the claim arose.”

Upon the attorney general’s certification, Stanker said the employee is dismissed from the action, and the government is substituted as the defendant in place of the employee.

Stanker said Dubrall admits to being at the residence of plaintiff Jin Dong Wang in As Lito for the purpose of executing a valid search and arrest warrant. The lawyer said that Dubrall admits to holding a gun and telling Wang to get on the ground.

He said Dubrall further admits that he handcuffed Wang, but denies plaintiff’s allegation that he assaulted and battered him.

“It is undisputed that Dubrall’s actions were in furtherance of DPS’ business,” Stanker said.

The lawyer said the intent of the Legislature in passing CELRTCA was to relieve Commonwealth employees from the cost and effort of defending a lawsuit for allegedly tortious conduct undertaken within the scope of employment, and to place those burdens on the government’s shoulders alone.

Stanker said Dubrall temporarily arrested Wang who failed to comply with his order and that is all that happened.

Wang, a Chinese national, is suing Dubrall for assault and battery, false arrest, emotional distress, violation of civil rights, and negligence. Wang alleges 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 on Oct. 18, 2010.

Dubrall denies using unreasonable force in arresting Wang. Stanker said that Dubrall’s conduct was privileged as an act of self-defense.