Attorney General’s office denies claims in police brutality lawsuit

Pago Pago, AMERICAN SAMOA — The Attorney General’s Office, on Aug. 5, 2023 denied claims filed by Setope Faalata for injuries that he alleges occurred at the hands of Department of Public Safety police officers in 2021.

The suit, filed May 9, 2023 by attorney Sean Morrison on behalf of the plaintiff, alleges excessive force, denial of medical care, false charges, and cover-up attempts in the case involving the plaintiff, whom Morrison said in an earlier news release was “brutally beaten” by police officers on May 9, 2021.

Officers identified in the lawsuit, along with specific allegations against them are: Capt. Margie Alofaituli and officers Faau Levi, Elleryquinn Histake, Dustin Maiava, Vern Montgomery and Togia. (No first name for Togia was cited in the lawsuit.)

In a press release issued Friday, Aug. 25, by Morrison, he said, “This is not the end of the case. It is a procedural matter, which brings the case into the High Court.

“The next phase of this process is called discovery, where we can start to gather information from the American Samoa Government related to this incident and the cover up that followed. For example, we have already identified at least 10 people for depositions, and a significant amount of material to review the police department’s actions and policies.”

 “This case is about more than the terrible suffering of one person,” said Morrison. “It’s about systemic problems within DPS.

“That’s why we’re going to be looking at issues at least 10 years back, to show patterns of abuse that have emerged.

“But to address this problem and bring justice to American Samoa, we need your help. We are calling on the people of American Samoa to tell us your stories. 

“If you or a loved one has suffered at the hands of the American Samoa Police, please give us a call at 1-800-645-6637. We want to hear from you.”

BACKGROUND

On May 9, 2021, Mr. Faalata was allegedly brutally beaten by police officers while in handcuffs at the Fagatogo Market Place.

The lawsuit claims that Mr. Faalata was repeatedly denied medical attention. He eventually received treatment for a concussion, fractured jaw and teeth, and severe eye damage.

In addition to the assault and denial of medical care, the lawsuit accuses officers of falsifying reports and bringing false charges against Mr. Faalata to cover up their actions.

The case includes multiple claims against the American Samoa Government as well as individual officers involved in the incident — with a total claim amount against ASG of $1.5 million plus medical expenses.

A parallel criminal proceeding is pending against some of the officers involved.

FAALATA’S INJURIES

After being taken to LBJ Hospital where officers are alleged to have insisted Mr. Faalata be discharged before he saw a physician, the plaintiff was denied entry to the Tafuna Correctional Facility because “he was bleeding from the mouth and barely conscious,” as alleged in the lawsuit, the correctional officers on duty demanded that police officers take Mr. Faalata back to LBJ and not return without a doctor’s clearance.

Upon returning to LBJ, Mr. Faalata was attended to by Dr. Larry Lagatiana, according to the lawsuit.

He was treated for a concussion, a fractured jaw, teeth, and severe damage to his eye. His right eye was swollen shut as a result of bleeding inside the eye.

The orbital wall, located behind the bridge of the nose and downward of the right eye socket of Mr. Faalata’s right eye sustained a blowout fracture.

With his lower jaw, there were two mandible fractures, one on the left and one on the right.

Eleven of Mr. Faalata’s teeth had to be wired. He was not able to eat solid foods for a full two weeks after his discharge. He was not treated for his back or ribs.