Banes has asked the federal court to deny the motions to dismiss filed by the Attorney General’s Office in connection with the lawsuit that his client filed against the defendants.
The AGO has filed motions to dismiss claims against the Department of Public Safety; former DPS commissioner Santiago Tudela; and to substitute the CNMI government as sole defendant for Wang’s causes of action, dropping former DPS Detective Jesse Dubrall.
Wang has accused Dubrall of “severely beat[ing]” him on the night of Oct. 18, 2010.
Banes stated in his motion to deny that the three other police officers present at the scene did nothing to stop Officer Dubrall from beating Mr. Wang.
He added the police officers “later … realized” that his client was not the suspect authorities were looking for, and called for an ambulance.
“Something that could have been easily done without the necessity of seizing, handcuffing let along beating Mr. Wang,” Banes said.
The lawyer added the CNMI government “has done nothing to prosecute the matter” after Wang reported the assault to another police officer, while the victim was being treated at the hospital.
Banes said the CNMI government initially investigated and concluded that Dubrall committed assault and battery.
“But after being sued, now the commonwealth concludes officer Dubrall did nothing wrong,” Banes pointed out.
Banes told the federal court Attorney General Edward Buckingham denied any liability for Wang’s injuries “because, the facts as presented, constitute the intentional torts of assault and battery.”
“Now incredibly and without adequate explanation the very same Attorney General, Mr. Buckingham, has certified that Office Dubrall’s actions were in the scope and course of his employment as a police officer,” Banes argued.
Jin Dong Wang sued Dubrall in federal court for severe head and ribcage injuries he sustained after Dubrall hit his head with the butt of the gun and kicked him in the ribs and buttocks several times during a botched raid on Oct. 18, 2010.
Jin Dong Wang was mistaken by police as the “ice” dealer who was the object of an anti-illegal drugs operation in As Lito.
