Judge recommends dismissal of Adkins' case

by Mindy Aguon

Guam - District Court Magistrate Judge Joaquin Manibusan has recommended that James Adkins' civil suit against Police Chief Paul Suba and Guam Police Department officers D.B. Anciano and Serafino Artui be dismissed, with the exception of the claims against the two officers in their individual capacities.  Adkins is suing the three and GPD, 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.  

In a 24-page report and recommendation, Judge Manibusan found that there wasn't a lawful stop that would have justified the officers ordering Adkins to get out of his vehicle.  Additionally, the judge agreed that police had no probable cause to stop him and they failed to show any justification for the seizure of Adkin's cellular phone.

The court denied Anciano and Artui's motion to dismiss civil rights, due process, free speech, assault and batter and theft charges; but granted Suba and GPD's motions to dismiss.