Herman Munoz and Vivian Munoz v. Government of Guam and I. Q. Aguon

Appellants brought this action against the Government of Guam and I. Q. Aguon, a police officer, alleging that they were injured when threatened, grabbed, and pushed by Aguon. The Government of Guam moved to dismiss the claim against it on the ground of sovereign immunity. The Superior Court of Guam granted the motion. Upon appeal to the District Court of Guam (Appellate Division), the three-judge court upheld the order of the Superior Court. Appellants appeal from the latter decision.

48 U.S.C. § 1421a provides in pertinent part: “The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evidenced by an act of law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers.” [Emphasis supplied.] The Guam legislature has consented to be sued in limited circumstances. Guam Gov. Code § 6500.01(b) provides in pertinent part: “The Government of Guam hereby waives immunity from liability . . . for claims in tort arising from the negligent acts of its employees, even though occurring in an…