Man allegedly assaulted by police files $1.5 million claim against ASG

Pago Pago, AMERICAN SAMOA — The claim filed in the lawsuit against the American Samoa Government involving police officers who allegedly assaulted Setope Faalata is $1.5 million plus medical expenses, according to attorneys representing the plaintiff.

This is according to Faalata’s attorneys’ “Notice of Claim” filed May 8 with Attorney General Fainu'ulelei Falefatu Ala’ilima-Utu. The notice outlined similar allegations as in the actual lawsuit filed with the High Court the following day.

The lawsuit filed with the High Court is against ASG and several police officers for violations of the plaintiff’s civil and constitutional rights. (See Samoa News edition Wednesday for details.)

In the lawsuit it alleges that ASG is liable for creating a “state-created danger” by engaging in actions that created or increased the danger to Faalata.

The officers used excessive force against Faalata, falsely arrested and imprisoned him, fabricated charges against him, and denied him medical care while he was in their custody,” the lawsuit alleges.

“The government and its agents acted with deliberate indifference to the known or obvious danger they created by failing to adequately train, supervise, or discipline the officers involved in the incident,” the lawsuit further alleges.

Additionally, the government and its agents had a special relationship with Faalata, as they had custody and control over him while he was detained and transported between various locations.  And the actions of the American Samoa Government and its officers caused harm to Faalata, including physical injuries, emotional distress, and legal costs.

The plaintiff requests that the court enter judgment in his favor and against the defendants awarding compensatory damages, punitive damages, attorneys’ fees, costs, pre- and post-judgment interest, and such other and further relief the court deems just and appropriate.

In the “Notice of Claim” to the Attorney General, the plaintiff’s attorneys outlined three separate incidents in which ASG caused significant harm to Faalata:

•           the beating, a series of claims with a statutory cap of $500,000; 

•           denial of medical care, a series of claims with a statutory cap of $500,000; and

•           the charges and attempted coverup; a series of claims with a statutory cap of $500,000.

“The grand total of all claims specifically against the American Samoa Government is $1.5 million plus medical expenses,” the plaintiff’s attorneys said, adding that this does not include any claims against the individual officers.