OAG, DPS change position 180 degrees

The CNMI government concluded in its initial investigation that then police officer Jesse Dubrall committed assault and battery, but after a Chinese national who was beaten up sued, now the government asserts that Dubrall did nothing wrong, according to a lawyer.

Attorney David G. Banes, counsel for Jin Dong Wang, said initially, as can be read in the Department of Public Safety’s moving papers, DPS took the position that Dubrall had committed assault and battery and so denied Mr. Wang’s claim for compensation.

In Wang’s opposition to the government’s motion to dismiss DPS, Banes also cited Attorney General Edward T. Buckingham’s June 7, 2011 letter denying any liability for the injuries to Wang “because the facts as presented, constitute the intentional torts of assault and battery.”

The defense lawyer said now incredibly and without adequate explanation, the very same AG Buckingham, has certified that Dubrall’s actions were in the scope and course of his employment as a police officer.

“So now, after being sued, the Commonwealth including DPS have changed their position 180 degrees and now conclude Officer Dubrall was acting in the scope and course of his employment as a police officer and thus ratifying Officer Dubrall’s physical assault as well as the actions of the other officers in just standing around and watching Officer Dubrall beating, punching and kicking Mr. Wang,” Banes said.

The Commonwealth, the lawyer said, has also ratified DPS’ actions in failing to discipline Officer Dubrall or the other officer, apologize to Wang or change its policy of indifference to police beatings.

Banes said that, on Oct. 18, 2010 Dubrall severely beat Wang with the butt of his gun and punched and kicked him, but the police later realized that Wang was not the suspect that they were looking for.

Police called an ambulance for Wang, who suffered a large cut on the head.

At the hospital, Banes said, Wang reported the assault to another officer.

“However to date, on information and belief, the Commonwealth has done nothing to prosecute the matter,” the lawyer said.

Banes asserted that DPS is liable for its failure to train and deliberate indifference to the misconduct of its police officers.

Banes said if the court is inclined to grant any portion of DPS’ motions, Wang respectfully requests to allow him to amend the complaint to remedy any deficiencies.

Wang is suing Dubrall for assault and battery, false arrest, emotional distress, violation of civil rights, and negligence.

Wang is also suing DPS for negligence and violation of civil rights and former DPS commissioner Santiago F. Tudela for 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 on Oct. 18, 2010.

In Dubrall’s answer to the lawsuit, assistant attorney general Michael A. Stanker said Dubrall denies using unreasonable force in arresting Wang.

Stanker said that Dubrall’s conduct was privileged as an act of self defense.

In the government’s motion to dismiss the lawsuit, the OAG said the independent investigation determined that, under the law, then police officer Dubrall was acting within the scope of his employment with DPS when Wang was arrested in As Lito.

OAG has accepted Dubrall’s request for attorney representation.