THE federal court has granted Police Officer Daniel Fitial’s cross-motion for summary judgment as to qualified immunity against the complaint of a Kagman resident, Nicholas Yarolfalchuw, for unlawful arrest.
At a hearing on Sept. 1, Chief Judge Ramona V. Manglona of the District Court for the NMI denied Yarolfalchuw’s summary judgment motion against Fitial, and excused Fitial from the lawsuit.
Yarolfalchuw, represented by attorney Joseph Horey, sued Fitial and Police Sgt. John Cabrera in January 2022, alleging unlawful arrest and deprivation of civil rights. The plaintiff asked for an order awarding him an undetermined amount for damages.
As for Cabrera, Judge Manglona directed Assistant Attorney General Leslie Healer to file supplemental briefs regarding qualified immunity no later than Sept. 15, 2022. The judge also scheduled a hearing for Oct. 13 at 9 a.m. to address if qualified immunity applies to Cabrera.
Fitial was represented by Assistant Attorney General Keisha Blaise.
Horey said the “undisputed facts of this matter show that defendants, under color of CNMI law, arrested the plaintiff at his home for a misdemeanor, with neither a warrant nor exigent circumstances preventing them from getting one.”
But the defendants said there was probable cause to arrest the Kagman resident.
According to Yarolfalchuw’s lawsuit, on May 10, 2021 at approximately 5 p.m., he was sitting talking with relatives in 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 have 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.
