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Chinese teacher sues US govt for denial of entry to Saipan
Yu Min Zhao, a Chinese teacher who sued eight U.S. Customs and Border Protection officers for allegedly denying her entry to Saipan on suspicion that she was pregnant and slamming her face against the wall, has re-filed her lawsuit in federal court.
In the new lawsuit, Zhao, through counsel Samuel I. Mok, is suing only the U.S. government for false arrest and imprisonment, intentional infliction of emotional distress, and assault and battery.
In the original lawsuit, which was terminated last March, Zhao sued CBP officer Dennis Jacobs and seven other unnamed CBP officers. She claimed she was handcuffed, her face slammed against the wall, and placed in isolation for 22 hours.
In her new complaint, which was filed last week, Zhao is asking the federal court to hold the U.S. government liable to pay her an unspecified amount of damages, attorney’s fees, and courts costs. She demanded a jury trial.
In terminating the original lawsuit, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said Zhao has filed neither an amended complaint nor an opposition to CBP officer Jacobs’ motion.
On Jan. 12, 2015, the court granted Jacobs’ motion for judgment on the pleadings, but allowed Zhao to amend her complaint no later than Jan. 27, 2015.
The day before the amendment came due, the parties in the lawsuit asked to extend the time to file the amended complaint to Feb. 2, 2015. The court granted the stipulation.
The Feb. 2 deadline came, but no amended complaint was filed.
Jacobs then filed a motion for a final order of judgment on the pleadings. Manglona granted Jacobs’ motion and dismissed all claims against the other defendants, who were never identified or served.
Jacobs denied the allegations against him.
Zhao, 33, said she and her husband arrived at the Francisco C. Ada Saipan International Airport from Beijing to enjoy a tropical island holiday on Saipan as a much needed break.
Zhao alleged that her husband, Jian Li, was questioned first on that same day by a CBP officer and was admitted under the Guam-CNMI Visa Waiver Program without incident.
