Cops move to dismiss Adkins' lawsuit - KUAM.com-KUAM News: On Air. Online. On Demand.

Cops move to dismiss Adkins' lawsuit

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by Mindy Aguon

Guam - Police Chief Paul Suba and officers Serafino Artui and D.B. Anciano have moved to dismiss a civil suit filed against them by businessman James Adkins.  They contend that as government officials they have qualified immunity that shields them from civil damages liability if they do not violate constitutional or statutory rights. 

Adkins alleges he was wrongfully arrested, detained and incarcerated for taking photographs of a car accident with his cell phone and is seeking $3,000,000 in damages.  GPD contends Adkins' complaint lacks any evidence of Chief Suba's personal involvement and the businessman's refusal to comply with a lawful order from the officers to exit his vehicle made the arrest lawful.

Attorney General Alicia Limtiaco also filed a similar motion to dismiss.  Adkins has until January 18 to file opposition to those motions and has also requested the court schedule a hearing for oral arguments.

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