- Category: CNMI Local News
- Published on Thursday, November 10, 2011 00:00
- By Andrew O. De Guzman - Reporter
FORMER Department of Public Safety Detective Jesse Dubrall admitted he was armed and that he handcuffed Jin Dong Wang, but denied assaulting the guest worker.
Jin Dong Wang sued Dubrall, together with DPS, former Public Safety Commissioner Santiago Tudela, and 10 John Does.
Dubrall formally filed a response in federal court through Assistant Attorney General Michael Stanker.
Dubrall denies that he used unreasonable force, and denies Jin Dong Wang “suffered severe injuries on his head, abdomen, buttocks, and legs” as a result of the alleged assault last year.
Dubrall admitted he was the “man” described in the first amended complaint.
Dubrall said he was armed, and told Jin Dong Wang to get down.
Dubrall handcuffed the victim, but denies the victim was arrested.
Dubrall confirmed he resigned from DPS after the incident.
Jin Dong Wang filed a complaint with DPS, but the CNMI Attorney General’s Office had yet to formally file a case regarding this incident more than a year ago.
Dubrall’s lawyer said Jin Dong Wang failed to state a claim for relief upon which relief can be granted.
“Defendant Dubrall is qualifiedly immune from any and all claims asserted under the United States constitution,” Stanker said.
Dubrall’s conduct was privileged as an act of self-defense, Stanker added.
Dubrall’s acts occurred while executing an arrest warrant and “his acts and force used were otherwise reasonable under the circumstances,” Stanker argued.
Stanker said his client reserves the right to assert any and all additional affirmative defenses which become appropriate based on further discovery in this matter.
Dubrall said the lawsuit against him should be dismissed, or “that judgment be entered in defendant’s favor and against plaintiff.”
Dubrall should be awarded expenses and costs, and be awarded such other and further relief as the court may deem just and proper, his lawyer.
Stanker said Dubrall is entitled to be dismissed from the case, and the CNMI be substituted as the sole defendant.
Stanker said the CNMI Attorney General has certified that “Dubrall was acting within the scope of his employment when all the causes of actions are alleged to have occurred.”
Represented by attorney Robert J. O’Connor, Jin Dong Wang sued the defendants for arresting him after he was mistakenly identified as an “ice” trafficker who was then the object of a police operation.
Jin Dong Wang suffered severe head and ribcage injuries after he was hit by a handgun and kicked by Dubrall.