SAYING that the federal court has already rejected the plaintiff’s claim, Assistant Attorneys General Vina Seelam and Stephen Anson have requested the Superior Court to dismiss a similar lawsuit filed by Kagman resident Nicholas Yarolfalchuw in local court.
“Because Yarofalchuw has already had a full and fair opportunity to litigate the issue of whether or not he was unlawfully seized on or about May 10, 2021, by DPS officers [John] Cabrera and [Danny] Fitial, and that claim was rejected and dismissed upon a final judgment in the District Court, Yarofalchuw is collaterally estopped from litigating that same issue against the Commonwealth in Superior Court,” stated the motion to dismiss for failure to state a claim filed on May 22, 2023.
“The application of nonmutual collateral estoppel under these circumstances promotes judicial economy and conserves resources without unfairness to Yarofalchuw given that Yarofalchuw has already been afforded the full opportunity to present and litigate his claims, and he is bound by the judgment of the District Court which determined that an unlawful seizure did not occur,” the motion added.
Accordingly, “because Yarofalchuw cannot prevail on his claim against the Commonwealth as a matter of law pursuant to binding case precedent, the Commonwealth respectfully requests that the Court dismiss Yarofalchuw’s Complaint pursuant to NMI. R. CIV. P. 12(b)(6) for failure to state a claim.”
Represented by attorney Joseph Horey, Yarolfalchuw sought monetary damages for the action of two DPS officers, Cabrera and Fitial. Yarolfalchuw alleged that the two officers “subjected him to an unreasonable and unlawful seizure.”
In January 2022, Yarolfalchuw filed a similar complaint in the District Court for the NMI against the two DPS officers, alleging unlawful arrest and deprivation of civil rights. He also asked for an order awarding him an undetermined amount for damages.
In Sept. 2022, Chief Judge Ramona V. Manglona denied Yarolfalchuw’s summary judgment motion and dismissed the lawsuit saying she “found [that] there was not an unlawful seizure.”
Yarofalchuw has appealed the District Court’s ruling to the U.S. Court of Appeals for the Ninth Circuit.
According to Yarolfalchuw’s lawsuit in federal court, on May 10, 2021, at approximately 5 p.m., he was sitting and talking with relatives at a pavilion within the premises where he resided when Cabrera drove inside the premises and parked beside the pavilion.
After a short discussion, the plaintiff advised Cabrera that he was trespassing and instructed him to depart.
“Cabrera did not depart, and instead used his [police] vehicle to block the driveway constituting the entrance to the premises,” the lawsuit stated.
Fitial then arrived at the premises in another vehicle. Under the direction of Cabrera, Fitial ordered the plaintiff to place his hands behind his back.
Fitial put handcuffs on the plaintiff and ordered the plaintiff to get into Fitial’s vehicle.
Fitial drove the plaintiff to police headquarters where the plaintiff was held in custody for the rest of the day and the following night. He was released around 4 p.m. the following day.
“At no time did defendants, or either of them, have any warrant for either the search of the premises or the arrest of plaintiff,” the lawsuit added.
The defendants denied Yarolfalchuw’s allegations, adding that they had probable cause to arrest him.
They said a turtle field survey technician of the Division of Fish and Wildlife had complained that Yarolfalchuw harassed the DFW employee twice at Tank Beach.
Nicholas Yarolfalchuw
