Dubrall Claims Brutal Beating of an Innocent Man Was Within the Scope of His Employment

November 9, 2011


Police officer, Jesse Dubrall brutally beat an innocent Chinese worker in a drug bust gone wrong leaving him in a pool of blood with serious injuries. Even though the victim filed a police complaint, no charges were ever filed against the offending officer Jesse Dubrall. Officer Dubrall resigned after the vicious incident to accept a position with the Office of the Public Auditor.

If you feel safe on Saipan, think again. Not only did the CNMI AG fail to file charges against Dubrall, but the OAG is defending the ex-cop in a civil suit filed by victim, Jin Dong Wang.

Because no CNMI or US law enforcement agencies filed charges against the attacker, the victim had to hire an attorney to file a civil suit.

The Marianas Variety reports the defense's argument for dismissing the case:
“Defendant Dubrall is qualifiedly immune from any and all claims asserted under the United States constitution,” Stanker said.

Dubrall’s conduct was privileged as an act of self-defense, Stanker added.

Dubrall’s acts occurred while executing an arrest warrant and “his acts and force used were otherwise reasonable under the circumstances,” Stanker argued.

Stanker said his client reserves the right to assert any and all additional affirmative defenses which become appropriate based on further discovery in this matter.

Dubrall said the lawsuit against him should be dismissed, or “that judgment be entered in defendant’s favor and against plaintiff.”

Dubrall should be awarded expenses and costs, and be awarded such other and further relief as the court may deem just and proper, his lawyer.

Stanker said Dubrall is entitled to be dismissed from the case, and the CNMI be substituted as the sole defendant.

Stanker said the CNMI Attorney General has certified that “Dubrall was acting within the scope of his employment when all the causes of actions are alleged to have occurred.”
Dubrall is claiming that he was acting within his rights as a policeman in beating the innocent man. What a crock. Maybe that logic flies in the CNMI, but not where human rights are upheld and respected. The OAG was wrong not to prosecute this case; so was the USDOL.  Feel safe? Any rogue officer could beat up any innocent citizen and claim that the act was "reasonable" and "within the scope of his employment."

Read also:
Major Fail: DPS and OAG
Wrong Side of the Law
More Police Brutality
Undercover

3 comments:

Anonymous said...

Since this is Fed court, maybe there will be a chance to "nail" this guy. But depending on who the Judge is, if Maglona, then there may be a problem with any conviction on sentencing.
I don't see how the AG can defend this guy in court when there is a case filed against him.
But then again with the bad track record of the AG office maybe that will be good.
The problem with these NMI cops is their attitude against all but especially the CW.
"This guy is only Chinese" syndrone" this carries over into the court sentencing also as we have seen many times over in the past.

Anonymous said...

How did they get federal jursdiction for this lawsuit?

Wendy Doromal said...

9:55 Doesn't this abuse violate the constitution?