Some claims in Adkins' case dismissed

Some of the claims against two police officers and former police chief Paul Suba were dismissed as District Court Chief Judge Frances Tydingco Gatewood issued orders in the James Adkins' civil rights violation lawsuit.

September 22, 2011Updated: September 22, 2011
KUAM NewsBy KUAM News

by Nick Delgado

Guam - Some of the claims against two police officers and former police chief Paul Suba were dismissed as District Court Chief Judge Frances Tydingco Gatewood issued orders in the James Adkins' civil rights violation lawsuit. Adkins sued Officers Serafino Artui and D.B. Anciano and Suba after he was arrested for taking photos of a car crash with his cell phone near his home. 

The phone was taken into evidence but the information stored on the phone was destroyed while in police custody. In the orders issued today, the court granted the defense's motion to dismiss the counts that alleged violations of civil rights, due process of law and punitive damages. 

The judge denied the dismissal request for the counts alleging violations of free speech, right to privacy and unlawful seizure, false arrest and imprisonment, assault and battery, negligence, and theft of property. 

Adkins' attorney, Anita Arriola, says she is pleased with the order because the case is still moving forward and the orders, she says, clears up redundancies in the lawsuit.  The court, meanwhile, has given Adkins until October 23 to amend his complaint a third time, if he wishes to do so.