Appeals court upholds ruling in alleged unlawful arrest

The U.S. Court of Appeals for the Ninth Circuit has ruled in favor of the U.S. District Court for the NMI and upheld its decisions in the appeal filed by a man who had previously accused two police officers of unlawful arrest.

Back in February 2023, Nicholas Yarolfalchuw appealed to the Ninth Circuit, seeking to overturn the District Court’s ruling that favored Department of Public Safety officers John Cabrera and Danny Fitial, whom Yarolfalchuw had accused of unlawfully arresting him in 2022.

However, Ninth Circuit Judges Richard A. Paez, Milan D. Smith, and Lucy H. Koh issued a ruling last Friday that affirms the District Court’s decision.

In its ruling, the Ninth Circuit judges stated that the district court did not err in granting the defendants’ motion for summary judgment as Yarofalchuw did not meet his burden to show that the alleged violation of his rights were clearly established by law.

“Even if Yarolfalchuw’s physical arrest was unlawful, no clearly established law put the officers on notice that arresting him between the hedges at the end of his driveway would constitute an arrest within the curtilage of his home,” the judges said.

In addition, the Ninth Circuit judges said the district court properly exercised its discretion by enforcing deadlines in the scheduling order and ensuring that the plaintiff did not manipulate deadlines.

Back in January 2022, Yarolfalchuw, through attorney Joseph Horey, complained that Cabrera and Fitial unlawfully arrested him and deprived him of his civil rights.

Eleven months later, District Court Chief Judge Ramona V. Manglona denied Yarolfalchuw’s summary judgment motion and dismissed the lawsuit, ruling that there was no unlawful seizure.

Yarolfalchuw appealed the decision in February 2022.

According to Yarolfalchuw’s lawsuit, on May 10, 2021, he was sitting and talking with relatives at a pavilion within the premises where he resided when Cabrera drove inside the premises and parked beside the pavilion.

After a short discussion, Yarolfalchuw said he advised Cabrera that he was trespassing and told him to leave.

However, Cabrera did not leave and instead blocked the driveway to the residence.

Sometime after, Fitial arrived in another vehicle and, at the instruction of Cabrera, ordered Yarolfalchuw to put his hands behind his back. Fitial then put handcuffs on Yarolfalchuw and placed him in his vehicle.

Yarolfalchuw claims the officers did not have any warrant for either the search of the premises or his arrest. However, the officers claimed that they had probable cause to arrest Yarolfalchuw pursuant to a complaint they had received.