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

Lawyer: Adkins' mobile pix are free speech

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.

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