Guam – The civil rights lawsuit filed by businessman James Adkins against 2 Guam Police Officer has cleared another hurdle en-route to a full hearing of the merits.
In a ruling handed down Tuesday afternoon, District Court Judge Franics Tydingco-Gatewood granted “qualified immunity” to the 2 GPD officers in their official capacity, but she adopted a recommendation to let the complaint stand against the officers in their individual capacities.
Judge Tydingco-Gatewood ruled on the recommendations provided by Magistrates Judge Joaquin Manibusan, adopting some of his recommendations, but rejecting others.
Adkins lawsuit stems from an incident on October 4th of last year when he was arrested after he used his cell phone to take photographs of a car accident in his Tamuning neighborhood. He was arrested by Officers D.B. Anciano and Serafino Artui.
The 2 officers at the scene, D.B.Anciano and Serafino Arturi, told him to stop, get out of his car and they demanded his cell phone. When Adkins refused, he was handcuffed, booked , fingerprinted, and photographed and finally released after being detained and imprisoned for about four hours.