Jin Dong Wang, 45, sued the Department of Public Safety, former DPS Commissioner Santiago F. Tudela, and former Police Officer Jesse Dubrall.
Tudela and Dubrall, as well as 10 Does,were sued in their personal capacities.
Wang, who is represented by attorney Robert J. O’Connor, is asking for at least $100,000 for general, consequential and compensatory damages, including pain, suffering and emotional distress; punitive damages; injunction directing DPS to implement procedures to prevent the use of excessive force and assault of arrested persons in the future; costs and attorney fees; and other relief.
Wang’s lawsuit alleges assault and battery, false arrest, emotional distress, violation of civil rights under U.S. and CNMI constitutions and negligence.
The U.S. District Court for the NMI on Friday served summons against the defendants who had yet to issue a statement regarding the lawsuit.
Dubrall has been working at the Office of Public Auditor since last year.
Wang was mistaken by authorities for another individual who was facing “ice” charges and was residing in the same barracks in As Lito where Wang was staying.
According to the complaint: “As a proximate result of defendant Dubrall’s use of unreasonable force, Mr. Wang suffered injuries on his head, abdomen, buttocks and legs. He felt dizzy, weak and nauseous. He suffered concussion, rib contusion, spine contusion, blurred vision and post-traumatic nightmares. He was also in a state of shock, was very nervous and frightened as a result of the assault. These caused him sleepless nights. The assault caused Mr. Wang’s physical injuries requiring past, present and future medical care, lost wages, pain and suffering, and loss of enjoyment of life and other injuries and damages.”
Wang is “still recovering from his injuries,” the complaint stated, adding that the victim required referral to medical specialists and medical attention for several months.
On Oct. 18, 2010, members of the DPS Drug Enforcement Task Force and the Criminal Investigation Bureau arrived at the As Lito apartment complex to effect the search and arrest order issued at about 7:30 p.m. by the Superior Court against Junding Qiu, who was wanted by the police for “ice” trafficking.
At about 8 p.m., Wang went out of his 2nd floor apartment and was headed to another unit holding a bowl of food, his complaint stated.
Wang saw two persons on the first floor of the apartment shining a flashlight up at him. One of the two men came up and held a gun.
Wang did not know who they were but thought that the man with a gun was a policeman, the complaint said.
The man with a gun told him to get down. Wang stopped walking while still holding his bowl of food.
The armed man, the complaint stated, “suddenly, without provocation, hit Mr. Wang’s head with the butt of the gun and kicked him in the ribs and buttocks several times even though Mr. Wang was defenseless.”
The man handcuffed Wang’s hands behind the victim’s back and took his wallet.
The man then went inside Wang’s house, while the victim was lying on the floor, bleeding.
“On information and belief, the man with a gun who assaulted Mr. Wang was defendant Dubrall,” O’Connor stated.
Tudela earlier said the Federal Bureau of Investigation was looking into Wang’s complaint. The then-DPS commissioner said he also ordered the Criminal Investigation Bureau to conduct a parallel investigation.
In his affidavit of probable cause for the Oct. 18, 2010 drug raid, Detective Roque K. Camacho said he and Detective Sabino Cabrera were “inserted” into the jungle fronting the apartment complex to monitor the drug transaction between Qiu and a “buyer.”
Detectives Jesse Dubrall and Buddy Igitol were positioned at the back side of the apartment complex, Camacho said.
