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 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."
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.”
Major Fail: DPS and OAG
Wrong Side of the Law
More Police Brutality