CHIEF Judge Ramona V. Manglona of the District Court for the NMI said the complaint of Shanguo Zhang has sufficiently stated a plausible Section 1983 excessive force claim for monetary damages against Ports Police Officer Jason Cruz, in his individual capacity.
Because Zhang is proceeding in “forma pauperis,” Judge Manglona said service of the summons, complaint and the court’s order will be made by a United States Marshal or deputy Marshal.
According to an online legal dictionary, “forma pauperis” is a Latin term meaning “in the manner of a pauper.” The designation allows a poor person to bring suit without liability for the costs of the suit.
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 said he is homeless, alleged that on Jan. 27, 2020, he was arrested by a police officer “whose identity is not known at this 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, 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.
But Judge Manglona dismissed Zhang’s other claims.
She said Zhang has failed to state a false arrest claim against Franklin Indalecio, Stevie A. Cabrera, Timothy Cruz, and the unidentified John Doe, and has failed to allege any facts regarding Kenneth T. Taitingfong.
He also failed to state a deliberate indifference claims against any of the defendants, the judge said.
“His false arrest and deliberate indifference claims are therefore dismissed without prejudice, and the court additionally dismisses without prejudice defendants Franklin Indalecio, Stevie A. Cabrera, Timothy Cruz, the unidentified John Doe, and Kenneth T. Taitingfong,” Judge Manglona added.
She likewise dismissed with prejudice the CNMI government as defendant.
As for defendant Jason Cruz, he was served with a federal summons at his residence.
