Precedent may affect James Adkins' civil suit - KUAM.com-KUAM News: On Air. Online. On Demand.

Precedent may affect James Adkins' civil suit

by Mindy Aguon

Guam - A U.S. Supreme Court decision could have an impact on a civil case filed by local businessman James Adkins against the Guam Police Department.  Adkin's attorney, Anita Arriola, filed a notice with the U.S. District Court of Guam, informing the judge of the U.S. Supreme Court's decision in the case United States v. Stevens.

Adkins is suing Police Chief Paul Suba and Officers D.B. Anciano and Serafino Artui, alleging they violated his constitutional rights when they arrested him and took his mobile phone after he took photos of a car crash near his home last year. The high court's ruling in the case cited by Arriola could have a bearing on the pending motions to dismiss that are being reviewed by the court. 

The U.S Supreme court ruling in the case that deals with animal cruelty videos is considered a strong statement in favor of free speech rights. The court ruled 8-1, finding that a law meant to outlaw animal cruelty videos is too broad.

Adkins has argued that police violated his first amendment rights when they arrested him after taking the photos that have since mysteriously disappeared from his mobile phone, which has been in police custody.

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