The Guam Daily Post

12 23Sat11282015


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Back Local News GPD officers to Adkins: ‘You caused your own injuries’

GPD officers to Adkins: ‘You caused your own injuries’

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TWO of the four Guam Police Department officers who were sued by businessman James Adkins for $3 million in damages filed their opposition to the case and told the court that the plaintiff’s injuries or damages were caused solely by his conduct.

An amended complaint was filed by Adkins’ lawyer, Anita Arriola, against GPD officers D.B. Anciano, Serafino Artui, John F. Taitano, Jesse P. Rodriguez, and other police officers and defendants who were involved in the wrongful arrest, the detention of the businessman, and the seizure and destruction of his cellular phone.

In a separate filing, Rodriguez and Taitano said the court should dismiss Adkins’ third amended complaint because some of the claims the plaintiff has asserted have been dismissed by the court on Sept. 11, 2011.

They said the judgment should be entered in favor of them and against Adkins and there should be no damages awarded on his complaint.

Adkins filed a lawsuit on Dec. 9, 2009 against several GPD personnel in the District Court of Guam for violation of his civil rights and First Amendment rights.

Chief Judge Frances Tydingco-Gatewood held that Anciano and Artui did not have qualified immunity from liability. The police officers filed an appeal before the Ninth Circuit.

The Ninth Circuit held that Adkins had adequately pleaded a violation of his First Amendment right, since “he was engaged in constitutionally protected First Amendment activity when he asserted his right to take photos.”

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