Man Beaten By Cop Files Civil Suit

September 2, 2011

Thank goodness a CNMI attorney has stepped up to do what the U.S. Department of Justice and CNMI Department of Public Non-Safety failed to do –attempt to get justice for Jin Dong Wang. The Chinese national was brutality beaten in a drug bust gone wrong. In October 2010, almost a year ago, former police office Jess Dubrall mistakenly identified Wang as an "ice" dealer while he walking with a bowl of food outside of his apartment on the 2nd floor balcony. He viciously hit the victim's head with the butt of his gun and and kicked the defenseless man. His wife found him in a pool of blood.

DPS Commissioner Tudela admitted in November 2010 that former police officer Jesse Dubrall was the assaulting officer. On October 22, 2010, after the assault, Dubrall resigned.  On October 25, 2010 he was working at the Office of the Public Auditor. It is disgusting that violent thugs can just transfer from one department to another to receive a government paycheck. Tudela also said that case was forwarded to the FBI. Almost a year later no arrest has been made.

Attorney Robert O'Connor filed a lawsuit on behalf of Jin Dong Wang suing the Department of Public Safety, Santiago Tudela, Jesse Dubrall and Does 1-10 for assault and battery, false arrest, emotional distress, 2 counts of violations of civil rights, 2 counts of negligence and 2 counts of violation of civil rights under the CNMI Constitution.  The lawsuit seeks $100,000 in consequential and compensatory damages, for punitive damages an amount to be determined at trial, and for attorneys fees and costs.

The complaint outlines the incident and violations. The DPS incident report attached to the complaint reveals that the offenses of assault and assault with a deadly weapon were listed. The officer listed his injuries as "minor" on the report. However, photographs, hospital records and the complaint reveal:
"Wang suffered severe 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 and was very nervous and frightened as a result of the assault. These caused him painful and 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."
That is not minor. The complaint states that he is still recovering from his injuries.

The complaint states, "Mr. Wang incurred and continues to incur medical expenses and physical and emotional harm as a result of the assault and battery in an amount to be proven at trial." Maybe $1 million? (I hope so.) Can the CNMI afford to continually hire rogue cops? (See this post for a list of law-breaking police and other public safety personnel.) How much will this lawsuit cost the CNMI?

Why didn't the CNMI Department of Public Safety or the U.S. Attorney files charges against this cop?

Read the complaint:

9 comments:

Anonymous said...

Of course most of the injuries are those that cannot be seen or measured----. "He was also in a state of shock and was very nervous and frightened as a result of the assault. These caused him painful and 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."----
gotta give these unemployed aliens credit, they learned the good old american tradition of sue, sue, sue,,,,,, when I visit China you should here how they laugh at the USA and how they all know to get here any way they can because it is a big candy store where you really don't have to put out any effort, get here a week before u give birth and the US will give give give..... Well at least one of the hundreds of "lawyers" we have, way out of proportion for our small population has found some work, leeches......maybe we can get some more liberal lawyers to come out here.....they have helped our island sooo much going back to when seimer and company first got out here in their swinger days of the 70's (how came they have houses on wireless and in the mainland but the people they came to help still have a leaky shack in kagman????)..... these folks and aliens such as this non working loser give the hardworking GW a bad name in everyones eyes. Supporting the losers as well as the good GW diminishes them all in the eyes of UScitizens and Congressional folks who might otherwise be willing to help.......

Anonymous said...

Wendy how many lawyers live on Saipan? How many lawyers on average live in a 50,000 person town? You have any idea??? nai come they have been here for 30 yrs an they got rich wile our people stay poor?? how come they marry young filipinas and eat at 360 while we eat out of dumpsters... they suck da life out of us and our island........ you care only about poor from other countries you not care about all poor live in florida and care about our island i not think so

Wendy Doromal said...

Anonymous 7:46

Get the facts. Mr. Wang was employed when he was brutality and unjustly attacked. As a result of the attack he cannot work. How dare you call the VICTIM a loser! Thank goodness an attorney picked up his case. The DHS has botched and failed to prosecute HUNDREDS -YES HUNDREDS - of crimes against alien workers. They failed to prosecute cases of assault against me and members of my family -nine cases of assault including several by CNMI employees and one former CNMI House member! I have documents and complaints that were not prosecuted or even investigated. The cases include rapes and brutal, senseless beatings of workers. Aren't you ashamed that people invited to work in the CNMI are treated so poorly and the government agencies tasked with protecting all citizens is a major FAIL?

Wendy Doromal said...

Anonymous 7:54

I do not know how many lawyers live on Saipan but you can check it out by looking at the Florida Bar's list of licensed attorneys. Gosh, are you Dubrall or a friend? He will pay up and I hope it's a HUGE amount. What a breach of public trust. What's sad is he is still on the streets. He needs to be behind bars. I will look for the photograph of poor Mr. Wang's pool of blood and post it. Look at it and please think about the crime committed and the grave injustice to this innocent man.

You said, "you care only about poor from other countries you not care about all poor live in florida and care about our island i not think so." Excuse me? I work with the homeless in Orlando and the migrant farmers and their families in Central Florida. I care about the poor anywhere and will fight injustice anywhere I see it.

No one should mock a victim.

Green Cards for All! said...

Here is a list of the CNMI Bar Association membership. Note that it includes lawyers residing both in and out of the Commonwealth, but their mailing addresses are indicated on the list.

http://cnmibar.net/members.asp

Anyone is welcome to count those from the CNMI. This number will overstate the actual number, because some off-island lawyers still maintain a CNMI office or mailing address.

Anonymous said...

[Wendy, your post referred to "DHS" when you really meant "DPS".]

Wendy Doromal said...

(Corrected comment -thanks anonymous 12:08!)

Anonymous 7:46

Get the facts. Mr. Wang was employed when he was brutality and unjustly attacked. As a result of the attack he cannot work. How dare you call the VICTIM a loser! Thank goodness an attorney picked up his case. The DPS has botched and failed to prosecute HUNDREDS -YES HUNDREDS - of crimes against alien workers. They failed to prosecute cases of assault against me and members of my family -nine cases of assault including several by CNMI employees and one former CNMI House member! I have documents and complaints that were not prosecuted or even investigated. The cases include rapes and brutal, senseless beatings of workers. Aren't you ashamed that people invited to work in the CNMI are treated so poorly and the government agencies tasked with protecting all citizens is a major FAIL?

Anonymous said...

Those damn lawyers...we hate them until we need them.

Anonymous said...

But they didn't bring FLSA cases on behalf of the thousands of CWs cheated in the CNMI, against their greedy employers -- the ones Wendy thinks should have been prosecuted criminally.

We need lawyers committed to the
Rule of Law who won't take advantage of the community's need, not picking and choosing to their own benefit.