ST. CROIX — The Virgin Islands Police Department has filed a motion to dismiss would-be gubernatorial candidate Gustav James’ unlawful detention lawsuit against the department, arguing it is an improperly named party and that the statute of limitations has expired.
James, who served as Public Works commissioner from January 2015 to August 2017 under former Governor Kenneth Mapp and has announced his bid for governor, is also suing the U.S. Drug Enforcement Administration.
James alleges DEA agents and VIPD officers violated his constitutional rights by landing a helicopter on his Estate La Grange property on July 15, 2021, then detaining him in the sun for an extended period without identifying themselves and using excessive force. He claims violations of the Fourth Amendment (unreasonable search and seizure), Eighth Amendment (excessive force), and Fourteenth Amendment (due process).
READ MORE: Former DPW Commissioner Gustav James sues DEA, VIPD for allegedly detaining him with excessive force
The VIPD, in a motion filed Monday by Assistant Attorney General Sheena Conway, stated that it is an improper party to the lawsuit because Virgin Islands law does not authorize the department to sue or be sued, and the case should be dismissed. Conway cited several legal precedents in support of the motion.
Even if the court construes the claim against VIPD as one against the government of the Virgin Islands, Conway stated that the government is also not a proper party because the plaintiff does not assert any federal claims against VIPD or GVI.
Additionally, Conway said the complaint raises no federal questions or diversity claims against VIPD or GVI and, therefore, does not establish District Court jurisdiction over them. As a result, she said both entities should be dismissed from the lawsuit.
Furthermore, Conway said the four-year statute of limitations on James’ claims against VIPD and GVI has expired, noting the alleged incident occurred July 15, 2021, and the department was not served until March 5, 2026, more than four years later.
In its motion, VIPD noted that James filed his complaint on May 16, 2025, that Attorney General Gordon Rhea was served on March 3, and that Governor Albert Bryan Jr. was served on March 5.
James, who is representing himself in the case, appeared before Magistrate Judge Emile Henderson III for a status conference on March 12. James told the court that he had served the appropriate local and federal officials, including Bryan and Rhea, as well as U.S. Attorney General Pam Bondi, U.S. Attorney Adam Sleeper, and the DEA.
READ MORE: Judge urges former DPW Commissioner Gustav James to follow proper protocol in case against DEA, VIPD
Court records show that the U.S. Attorney’s Office was served by certified mail March 3 and its answer was due by Tuesday. However, Henderson said during the status conference that the court had not received proof that Bondi was served, informing James he is responsible for moving his case along. Until all federal defendants are served, Henderson said they are not required to respond.
