Man files $100,00 lawsuit over police brutality

A man is suing the Department of Public Safety and a former police officer who allegedly hit him with a gun’s butt and repeatedly kicked him after mistaking him for someone else.

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, a Chinese national, sued DPS for negligence and violation of civil rights. He also named former DPS commissioner Santiago F. Tudela as a co-defendant for violation of civil rights and negligence.

He is seeking at least $100,000 in damages.

The plaintiff asked the U.S. District Court for the NMI to order DPS to implement procedures to prevent the use of excessive force and assault of arrested persons in the future.

O’Connor stated in the complaint that the incident happened on Oct. 18, 2010, at 8pm, at Wang’s second floor apartment in As Lito.

Wang had gone outside his unit to go to another apartment unit when he saw two persons on the first floor of the apartment shining a flashlight up at him. One of the two men came up. Wang did not know who they were but thought that the man with a gun was a policeman.

O’Connor said the man with a gun, later identified as Dubrall, told Wang to get down. Wang stopped walking. Dubrall, suddenly and without provocation, allegedly hit Wang’s head with the gun’s butt and kicked him in the ribs and buttocks several times.

O’Connor said that Dubrall handcuffed Wang’s hands behind his back and took his wallet. Dubrall then went inside the house while Wang was lying on the floor, bleeding.

O’Connor said that Wang heard his wife arrive, park downstairs, call him, and asked him what happened. Wang then heard his wife screaming: “Save my husband. We are good people. We are Christians. Help.”

Wang heard his wife talking to police officers downstairs and also heard people behind him in the hallway.

O’Connor said a police officer came, removed Wang’s handcuffs, and helped him up. Wang saw a male police officer (not Dubrall) and two female officers, who took his shirt off and wrapped it around his bloodied head.

Wang and the officers went downstairs together, put Wang on a chair, and cleaned the blood on his head.

O’Connor said the officer showed Wang’s wife a picture of a certain Qiu Junding and asked if she knew him.

Wang’s wife answered that Junding is a neighbor in the same building and told them to talk to the owner of the building who lives in the first room upstairs.

A police officer then asked for Wang’s umbrella permit. The wife went upstairs to get the umbrella permit.

O’Connor said a friend of the Wang couple, who spoke English, arrived and told the police officers that Wang was seriously injured. An ambulance was called and Wang was brought to the Commonwealth Health Center for treatment.

At CHC, Wang’s wife saw another police officer and reported the assault on Wang.

“As a proximate result of Dubrall’s use of unreasonable force, Mr. Wang suffered severe injuries on his head, abdomen, buttocks, and legs. He felt dizzy, weak and nauseous,” O’Connor said.

Wang, the lawyer added, also suffered concussion, rib contusion, spine contusion, blurred vision, and post-traumatic nightmares.

O’Connor said Wang’s injuries required referral to medical specialists and medical attention for several months.

“He is still recovering from his injuries,” O’Connor said.

The lawyer said Dubrall committed grave misconduct and abuse of authority when he assaulted Wang with a gun. He said DPS investigated and found that assault and battery and assault with a dangerous weapon were committed against Wang.

O’Connor believes that Dubrall, DPS, and 10 unnamed co-defendants illegally entered Wang’s premises. He said Dubrall assaulted an innocent civilian because of mistaken identity and is therefore liable for the assault on Wang.

O’Connor said that DPS and then commissioner Tudela failed to fulfill their duties by failing to properly train and supervise Dubrall in the appropriate use of force and in preventing the officer from using excessive force.