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Two men file police brutality lawsuit vs convicted ex-cop
Two men have filed a police brutality lawsuit in federal court against a former police officer who was indicted and subsequently pleaded guilty to using excessive force while making a false arrest.
Felipe Kalen and Alafanso A. Kintin, through counsel Timothy H. Bellas, are suing Francisco S. Pangelinan, the CNMI government, and four unnamed police officers.
Kalen and Kintin sued the defendants in the U.S. District Court for the NMI for excessive force and false arrest, battery, and intentional infliction of emotional distress. The two are demanding $300,000 and $100,000 in damages respectively, plus attorney’s fees and court costs.
According to Bellas in the complaint filed on Tuesday, Pangelinan responded on July 26, 2010, to a call from a citizen requesting police assistance in western Garapan.
Bellas said that upon arriving in Garapan, Pangelinan encountered Kalen and Kintin.
Bellas said that Pangelinan had a previous encounter with Kalen and had expressed resentment that Kalen was employed as a security guard despite having no formal training for that job.
Bellas said that Pangelinan sprayed the eyes of both Kalen and Kintin with pepper mace spray despite the fact that the two had committed no criminal acts or posed no threat to the armed police officers.
Bellas said the other police officers failed to intervene on behalf of Kalen and Kintin.
Pangelinan then allegedly handcuffed and arrested Kalen and transported him to the Department of Corrections where he was imprisoned until the next day.
Bellas said that Kintin was taken to the Commonwealth Health Center for medical treatment for injuries sustained from the pepper spray.
The CNMI government, Bellas said, never filed criminal charges against either plaintiff.
Pangelinan was indicted in March 2011 over the incident and he subsequently pleaded guilty to the use of excessive force on Kalen.
Furthermore, Bellas said, Pangelinan admitted that there was no justification for his use of excessive force on Kalen.
“As a result of the excessive force described herein both plaintiffs suffered pain and injuries,” Bellas said.
The lawyer cited in the complaint previous police brutality acts allegedly committed by other police officers.
In the case of Pangelinan, Bellas said, he was not disciplined except for termination from the Department of Public Safety after being convicted of a felony in federal court.
Bellas said that Pangelinan, while still a police officer, was reported to have been smoking illegal drugs.
“On information and belief, DPS has no effective drug testing program to screen officers who wield deadly force after they have been hired as police officers,” Bellas said.
By Ferdie de la Torre
Reporter
