ST. CROIX — A magistrate judge asked former Public Works Commissioner Gustav James, who has announced a bid for governor, during a status conference today in District Court to submit proof that he properly served the federal government in his civil lawsuit against the U.S. Drug Enforcement Administration and Virgin Islands Police Department.
James told the court he had served the appropriate local and federal officials, but Magistrate Judge Emile Henderson III said the filings in the case do not show that all federal defendants have been served.
“You need to submit the proof that you say you have,” Henderson said.
James, who served as Public Works commissioner from January 2015 to August 2017 under former Governor Kenneth Mapp, alleges that the DEA and VIPD violated his constitutional rights under the Fourth Amendment (unreasonable search and seizure), the Eighth Amendment (excessive force), and the Fourteenth Amendment (due process).
According to the complaint, DEA agents and VIPD officers unlawfully entered James’ Estate LaGrange property by helicopter on July 15, 2021, detained and handcuffed him, and used excessive force that injured his wrist and shoulder. James also alleges that officers refused to identify themselves, responded to his requests for credentials with threats, and forced him to stand handcuffed in the sun for an extended period, causing physical and emotional distress.
READ MORE: Former DPW Commissioner Gustav James sues DEA, VIPD for allegedly detaining him with excessive force
At the start of the hearing, Henderson informed James he was seated at the wrong table, prompting him to move to the plaintiff’s side near the jury box. Henderson also reminded James that he had previously given him additional time to effect service of process.
READ MORE: Judge urges former DPW Commissioner Gustav James to follow proper protocol in case against DEA, VIPD
When James began speaking from his seat, Henderson instructed him to stand and address the court from the podium. They discussed the need for James to serve Governor Albert Bryan Jr., Attorney General Gordon Rhea, U.S. Attorney General Pam Bondi, U.S. Attorney Adam Sleeper, and the DEA. The judge reiterated that James must file documents showing proof of service. James proceeded to inform the court why he filed his lawsuit.
“I was assaulted on my property, and these people had no authority to be on my property,” he said.
James said he believes the defendants should be addressing his allegations and noted that he has not heard from the DEA or VIPD. Henderson responded that James must comply with service rules because he initiated the case.
“When a plaintiff files a lawsuit, it is their responsibility to comply with service rules,” Henderson said.
Henderson noted that Bryan and Rhea were properly served March 3 and have 21 days to respond, making their deadline March 24. Court records also show that the U.S. Attorney’s Office was served by certified mail March 3 and must also respond by March 24. Records indicate the DEA was served March 4.
However, Henderson said the court has not received proof that Bondi was served. Until all federal defendants are served, he said they are not required to respond.
“You’ve got to steer this ship, Mr. James,” Henderson told him, suggesting he retain legal counsel to avoid further delays.
James said he plans to wait to hire an attorney until he receives responses from the defendants. Henderson told him he has the right to represent himself but that the court will hold him to the same standards as attorneys.
“I will wait to see what you file and at this stage, I will at least wait to see how you proceed going forward,” Henderson told James.
Henderson told James he has been lenient with him because he is representing himself. Henderson said, however, that he has the right to dismiss the case if he does not move it along and there is inactivity. James maintained that his rights were violated but Henderson told him they have not gotten to that point yet.
“I will await to see your filings with the court,” Henderson said.
After the hearing, James told WTJX he filed the lawsuit to hold the government accountable.
“I want the government to be held liable for unlawfully entering my property and assaulting me,” he said. “I don’t think it’s OK for us to ignore such activity by the government. We have a Constitution for a reason and I would like that to be followed.”
