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Man claims DPS officers arrested him unlawfully
A man is accusing two Department of Public Safety Officers of arresting him unlawfully last year, depriving him of his civil rights.
Nicholas N. Yarolfalchuw, through attorney Joseph Horey, is suing in the U.S. District Court for the NMI Department of Public Safety police sergeant John Cabrera and DPS officer Daniel Fitial for alleged unlawful arrest.
Horey claims his client was deprived of his civil right and, as relief, wants the court to issue an order awarding him an unspecified amount of damages.
According to the complaint, on May 10, 2021 at approximately 5pm, Yarolfalchuw was sitting in a pavilion within his residence talking with relatives when Cabrera arrived and entered the premises, parking beside the pavilion. After a short discussion, Yarolfalchuw advised Cabrera that he was trespassing and told him to leave.
However, Horey said that Cabrera did not depart and, instead, allegedly used his DPS-issued vehicle to block the driveway that constituted the entrance to the premises.
The complaint said that soon after, Fitial arrived in another DPS vehicle and, under the direction of Cabrera, Fitial ordered Yarolfalchuw to place his hands behind his back. Fitial then allegedly placed Yarolfalchuw in handcuffs and ordered the plaintiff to get into Fitial’s vehicle.
Yarolfalchuw claims that Fitial drove him to DPS headquarters where the he was held in custody for the rest of the day and was released at about 4pm the following day.
“At no time did defendants, or either of them, have any warrant for either the search of the premises or the arrest of plaintiff,” the complaint stated.
