Pago Pago, AMERICAN SAMOA — Two years after Setope Faalata was allegedly beaten by police officers at the Fagatogo Market Place and also denied medical care, a lawsuit is now pending in the High Court against the police officers who carried out the action, and also the American Samoa Government for violation of the plaintiff’s  civil and constitutional rights.

The suit, filed May 9, alleges excessive force, denial of medical care, false charges, and cover-up attempts in the case involving the plaintiff, whom the plaintiff’s attorneys said in a separate news release was “brutally beaten” by police officers on May 09, 2021.

Officers identified in the lawsuit, filed May 9, 2023 in the High Court, 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.)

The lawsuit recalled that it was around 2:30a.m. on May 9, 2021 when Faalata, was at the market place. At that time, Histake and Maiava arrived in their police truck while on duty. They had been dispatched there by the Department of Public Safety as part of their duties.

Histake approached Faalata and told him to join them at the police station and Faalata peacefully and compliantly allowed Histake to handcuff him behind his back and he was escorted to the police truck, at which point, he was clearly in police custody, court documents said.

Before Faalata could be placed in the police vehicle, Levi arrived in uniform and in a police vehicle. A fourth, unknown female officer was also present. Faalata asked Levi what was going on because they knew each other.

Levi replied, “You f***ed up”, and Levi “then punched Mr. Faalata in the mouth with his right fist,” the lawsuit alleges. “Mr. Faalata fell to the ground; but, before he could get up, Officer Levi punched him again, knocking him unconscious.”

“While on the ground, all three male officers participated in punching and kicking Mr. Faalata in the back, head, and ribs,” the suit further alleges and noted that during this incident, which was witnessed by many people, a few people attempted to step in and assist Faalata, but they were threatened with arrest if they did not stand back.

Eventually, the officers hauled Faalata into the police vehicle and put the seatbelt on him.

“While Mr. Faalata was constrained by both the handcuffs and the seatbelt, Officer Levi punched him a few more times,” the lawsuit claims. “Mr. Faalata fell unconscious again and woke up in the car parked outside the Fagatogo Police Station.”

Histake and Maiava took Faalata out of the police car, at which point, the lawsuit claimed that Faalata “asked to go to the hospital” but was told he could not and had to be booked at the station first.

The suit alleges that Histake and Maiava “falsely reported” at the police station that Faalata “had resisted arrest.”

According to the lawsuit, Faalata was already suffering from a swollen face with his right eye nearly swollen shut, and blood was coming from his nose and mouth. Under repeated questioning by the attending police lieutenant, Histake and Maiava continued to insist that Faalata resisted arrest and that necessary force was used in the arrest.

Ultimately, said the lawsuit, Montgomery generated an affidavit and arrest warrant, charging Faalata with Public Peace Disturbance, third-degree assault, and resisting arrest.

At the police station, Faalata spoke with Togia, the Watch Commander, who asked him what happened. Faalata explained that he was beaten up by the officers and asked if he could go to the hospital.

However, Togia told Faalata that Histake and Maiava had told him that Faalata said he did not want medical treatment. Faalata said that was not true, and again asked to go to the hospital, but Togia refused and said he had to go to the Territorial Correctional Facility (TCF) instead.

According to the lawsuit, Histake and Maiava transported Faalata to TCF, “while he was drifting in and out of consciousness.” However, the correctional officers at TCF refused Faalata entry and told the officers to take Faalata to the hospital first.

Histake and Maiava then transported Faalata to LBJ Medical Center where he was attended to by an unknown nurse. Faalata requested to see a doctor, as he had trouble moving his mouth.

But Histake and Maiava insisted that the nurse discharge Faalata without seeing a doctor so they could return him to TCF. The nurse complied.

And once again, “TCF denied him entry because he was bleeding from the mouth and barely conscious,” the lawsuit alleges. And the correctional officers on duty demanded that Histake and Maiava take Faalata back to LBJ and not return without a doctor’s clearance.

FAALATA’S INJURIES

The lawsuit summarized Faalata’s injuries from the alleged beating at the hands of police officers.

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

Faalata 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 Faalata’s right eye, sustained a blowout fracture.

With Faalata’s lower jaw, two mandible fractures, one on the left and one on the right. Eleven of 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.

ALLEGED COVER-UP ATTEMPTS

Court filing noted that Alofaituli was off duty on the day the alleged beating occurred but the lawsuit alleges that between May 10-14, she texted with Montgomery telling her what to say if prosecutors asked about Faalata’s injuries.

“These texts reveal” that Alofaituli and Montgomery “knew or suspected that Mr. Faalata sustained injuries at the hands of the police officers and that they were attempting to cover up the incident,” the lawsuit alleges.

Additionally, Alofaituli wrote Montgomery’s report for her with an offer to go over the report she submitted with Montgomery to help her prepare to answer questions.

The lawsuit claimed that Alofaituli and Montgomery “conspired to cover up the incident to protect the other officers involved. It is unclear whether other officers were involved as well.”

It also says that on May 14, 2021 a police major asked Alofaituli about the status of Montgomery’s investigation and Alofaituli responded that Montgomery was off duty.

Alofaituli “then typed out the complete report, signed her name and Officer Montgomery’s name on the report,” the lawsuit alleges. And the report included signed written statements from Levi, Histake, and Maiava claiming that Faalata resisted arrest and that they used reasonable force to subdue him.

CASE AGAINST FAALATA

The lawsuit accused Alofaituli, Levi, Maiava, Histake, and Montgomery of “Malicious Prosecution and Abuse of Process” as a result of the criminal case brought against Faalata, charging him with Public Peace Disturbance, third-degree assault, and resisting arrest.

“This case was brought as a result of false oral and written statements made by the defendant officers, including the signed written statements” from Levi, Histake, and Maiava, and the affidavit and arrest warrant generated by Montgomery and Alofaituli.

“Ultimately, the criminal charges were dismissed in Mr. Faalata’s favor,” the lawsuit said, and noted that the officers' statements against Faalata were made without probable cause as they falsely reported that Faalata resisted arrest and knowingly attempted to cover up the incident.

“As a result of the criminal case, Mr. Faalata suffered damages, including physical injuries, emotional distress, and legal costs,” the lawsuit said and noted that Faalata is currently residing in the U.S mainland.

NOTICE TO AG

Prior to filing the lawsuit in court and in accordance with local law, the attorneys representing Faalata, on May 08 submitted to Attorney General Fainu'ulelei Falefatu Ala’ilima-Utu the administrative claim, which outlined similar allegations as in the actual lawsuit.

Fainu'ulelei was informed that Faalata left the island in 2021 and has not returned for fear of what might happen to him if he did, especially as Officer Levi lives just a few doors down from Faalata.

“To this day, he [Faalata] has lost some vision in his right eye and cannot see well at night. He has regular migraines, which did not happen prior to the attack. His jaw is still not aligned correctly. He has tried to find employment but was denied for his inability to lift items heavier than 50 lbs, due to the injuries in his back and ribs,” wrote the plaintiff’s attorneys.

“While American Samoa Medicaid paid for his flight off island so he could receive treatment, and promised to pay for his medical bills, they have not reimbursed him for any medical bills in the last two years. Mr. Faalata and his family are forced to pay out of pocket for all of Mr. Faalata’s medical and care expenses, which is a significant burden to them all,” the attorneys said.

Faalata is represented by Sean Morrison, Keving Kornegay, and the Chad Jones Law firm. Anyone with any information about this matter is urged to please contact the Sean Morrison Law Offices LLC at 504-308-0108.

Samoa News will report later this week on the allegations against ASG and what the plaintiff is seeking in damages.