Lawyer: Adkins' mobile pix are free speech - KUAM.com-KUAM News: On Air. Online. On Demand.

Lawyer: Adkins' mobile pix are free speech

Posted: Updated:

by Mindy Aguon

Guam - Local businessman James Adkins is pleased with the District Court magistrate judge's report and recommendation in his civil suit against the Guam Police Department.  The judge upheld Adkins' numerous claims against Police Chief Paul Suba and officers Serafino Artui and D.B. Anciano, which included violations of his due process, free speech and privacy rights as well as assault and theft. 

Adkins' attorney, Anita Arriola, says the judge found that taking photos is free speech protected by the first amendment.  "The magistrate basically held that there was no probable cause to detain Mr. Adkins," the lawyer said.  "No probable cause to arrest Mr. Adkins, no probable cause to take his cell phone camera. He was exercising his right to free speech by taking photos."

The parties have 14 days to file objections to the report and recommendations before the matter is reviewed by Chief Judge Frances Tydingco Gatewood.  If she approves the report, the case will proceed to trial.

Adkins is seeking $3,000,000 in damages.

  • NEWS HEADLINESMore>>

  • Mark Charfauros' hearing continued until December 11

    Mark Charfauros' hearing continued until December 11

    Could a former Guam police commander be getting his job back? Mark Charfauros is going before the Civil Service Commission tonight to discuss a motion to void his termination from the force. The case involves a 2016 incident in Agat where Charfauros was sMore >>
    Could a former Guam police commander be getting his job back? Mark Charfauros is going before the Civil Service Commission tonight to discuss a motion to void his termination from the force. The case involves a 2016 incident in Agat where Charfauros was sMore >>
  • Congressman-elect San Nicolas completes orientation in DC

    Congressman-elect San Nicolas completes orientation in DC

    Congressman-elect Michael San Nicolas is back on island after completing his first week of Congressional Orientation in the Nation's capitol. San Nicolas joined others with the historic incoming class of the 116th US Congress, which is said to be one of tMore >>
    Congressman-elect Michael San Nicolas is back on island after completing his first week of Congressional Orientation in the Nation's capitol. San Nicolas joined others with the historic incoming class of the 116th US Congress, which is said to be one of tMore >>
  • GEC counting absentee, provisional ballots on Black Friday

    GEC counting absentee, provisional ballots on Black Friday

    The Guam Election Commission will meet at 9am on Black Friday to count absentee and provisional ballots. GEC director Maria Pangelinan says after the GEC counts ballots, we could be looking at the official end of the election. "If all goes well, we have sMore >>
    The Guam Election Commission will meet at 9am on Black Friday to count absentee and provisional ballots. GEC director Maria Pangelinan says after the GEC counts ballots, we could be looking at the official end of the election. "If all goes well, we have sMore >>
Powered by Frankly