ST. CROIX – A federal judge has given former Public Works Commissioner Gustav James 45 more days to properly serve the defendants in his lawsuit accusing the U.S. Drug Enforcement Administration and Virgin Islands Police Department of unlawfully detaining him with excessive force at his Frederiksted home in 2021.
James, who recently announced his candidacy for governor, claims DEA agents and VIPD officers violated his constitutional rights by trespassing on his property, handcuffing him, and using excessive force during a raid involving helicopters, according to the complaint filed in May.
READ MORE: Former DPW Commissioner Gustav James sues DEA, VIPD for allegedly detaining him with excessive force
At a status conference yesterday, James wondered why the DEA and VIPD were not represented in court. U.S. Magistrate Judge Emile Henderson told James that there was no proof in the court’s file that he has served anyone or that he served the appropriate persons. He urged James to go back and read Rule 4m of the Federal Rules of Civil Procedure and Rule 4 of the Virgin Islands Rules of Civil Procedure to ascertain how to properly serve government agencies.
James told the judge he had served both agencies by registered mail, and that he had served VIPD a second time on September 25 through a process server. Henderson questioned James as to whether he thought that registered mail constituted proper service to which James said he thought it did.
Henderson asked James if he intended to hire counsel. James told the court he had hired counsel, but that they had fallen ill leaving him to find new counsel, a process he said would take around 30 days.
"If you elect to continue pro se, the court requires you to follow the rules like attorney’s do,” Henderson said. “I urge you to get counsel to assist you with effecting proper service.”
Henderson said that the case should technically be dismissed but ruled to allow James an extension of 45 days to find counsel and effectuate proper service.
“I urge you Mr. James, don’t delay action,” Henderson said. “The court will have no other choice than to dismiss.”
