Man found guilty of shattering CPA cop’s window sues CPA
A man who was found guilty of shattering a Commonwealth Ports Authority officer’s car window has filed a lawsuit against the officer with the District Court for the NMI alleging excessive force.
Shanguo Zhang, who was previously found guilty of vandalism for shattering a CPA officer’s car window with a rock, is suing Ports Police officer Jason Cruz, in his individual capacity for excessive force.
Recently, District Court for the NMI Chief Judge Ramona V. Manglona found that Zhang’s complaint has sufficiently stated a plausible Section 1983 excessive force claim for monetary damages against Cruz.
In his complaint, Zhang asserted 42 U.S.C. § 1983 claims for false arrest, excessive force, and deliberate indifference in violation of the Fourth, Eighth, and Fourteenth Amendments.
Zhang, who is homeless, alleged that on Jan. 27, 2020, he was arrested by a police officer whose identity was not known at the time.
The officer did not give him a written document for his arrest, but he was detained for 94 days in prison, Zhang said.
Then in June 2021, he said he was again arrested several times at the Saipan airport by police officers stationed there.
Specifically, on June 4, 2021, he was arrested by officers Timothy Cruz and Frank Indalecio; on June 10, 2021, he was arrested by Stevie Cabrera and Timothy Cruz; and on June 14, 2021, he was arrested by Stevie A. Cabrera.
According to Zhang, for each of these arrests, he did not commit any offense, and the officers arrested him intentionally to harass him and to deprive him of his rights
After each arrest, Zhang said he was placed in prison for a short period of time and released without being charged.
On June 15, 2021, Zhang threw a rock at a window at the Saipan airport to protest his mistreatment and then presented himself to be arrested.
Zhang’s complaint stated that officer Jason Cruz used force and violently pulled Zhang to the ground, even though Zhang was not resisting, resulting in physical injuries to Zhang.
He said officers confiscated his signboards and never returned them to him.
While in prison, Zhang said he was mistreated, assaulted twice, and did not receive the medical treatment that he needed, including for a fever above 40 degrees Celsius.