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OAG defends ex-cop facing police brutality lawsuit
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Posted on Nov 10 2011
Govt lawyer denies unreasonable force was used
By Ferdie de la Torre
Reporter
Reporter
The Office of the Attorney General is defending former police officer Jesse Dubrall in a police brutality lawsuit filed in federal court by a man who claimed he was beaten up by Dubrall in a case of mistaken identity.
In Dubrall’s answer to the complaint that assistant attorney general Michael A. Stanker filed Tuesday, he denies using unreasonable force in arresting Jin Dong Wang Wang.
Stanker said that Dubrall admits that he had a gun, that he told Wang to get down, that he handcuffed Wang, and that Wang was taken to the Commonwealth Health Center for treatment.
Dubrall, however, denies that Wang suffered severe injuries on his head, abdomen, buttocks, and legs, Stanker said.
Stanker said that Dubrall’s conduct was privileged as an act of self-defense. “Dubrall’s conduct was privileged as his acts occurred while executing an arrest warrant and his acts and force used were otherwise reasonable under the circumstances,” the lawyer pointed out.
Stanker asked the U.S. District Court for the NMI to dismiss the lawsuit and award Dubrall expenses and costs.
Wang, through counsel Robert J. O’Connor, is suing former Dubrall for assault and battery, false arrest, emotional distress, violation of civil rights, and negligence.
Wang, a Chinese national, is also suing DPS for negligence and violation of civil rights and former DPS commissioner Santiago 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.
He is demanding damages of at least $100,000. He also wants a court’s injunction directing DPS to implement procedures to prevent the use of excessive force and assault of arrested persons in the future.
