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Police brutality lawsuit dismissed
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Posted on May 10 2012
By Ferdie de la Torre
Reporter
Reporter
The federal court dismissed yesterday the claims of a Chinese national who is suing the Department of Public Safety for police brutality but allowed him to amend some of his claims.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the Office of the Attorney General’s motion to dismiss the case filed by Jin Dong Wang against the CNMI, former DPS commissioner Santiago F. Tudela, and former police officer Jesse Dubrall.
Manglona, however, allowed Wang to amend his case with respect to the allegation of illegal search and seizure and negligence.
Wang is suing the CNMI, DPS, Tudela, Dubrall, and 10 unnamed co-defendants for alleged civil rights violations when Dubrall allegedly used excessive force during Wang’s mistaken arrest on Oct. 18, 2010.
Wang alleged that Dubrall severely beat him with the butt of his gun and punched and kicked him, but the police later realized that Wang was not the suspect they were looking for.
The Chinese national reportedly suffered a large cut on the head.
In a 26-page order and opinion issued yesterday, Manglona also granted the OAG’s motion to dismiss Tudela from the case but allowed the plaintiff to amend all claims except the violation of civil rights under the CNMI Constitution.
Manglona denied without prejudice the CNMI government’s motion to substitute the CNMI in Wang’s three causes of action against Dubrall-assault and battery, emotional distress, and negligence.
“Wang may proceed with discovery on these claims and may petition for judicial review and an evidentiary hearing of the Attorney General’s certification thereafter but prior to trial,” the judge said.
After discovery closes, Manglona said the government may renew its motion to substitute if it finds adequate cause in compliance with Federal Rules of Civil Procedure Rule II.
Manglona granted the government’s motion to substitute in for Dubrall as to Wang’s second cause of action-false arrest. The judge dismissed Dubrall from this claim.
Manglona denied Wang’s demand for a jury trial and instead ordered a bench trial in Wang’s claims against the Commonwealth.
