More inmates seek help from court
Inmates alleged maltreatment, inhumane conditions
More inmates at the Department of Corrections have written to the U.S. District Court for the NMI, asking for help about alleged maltreatment and inhumane conditions at DOC.
Jesse James Babauta Camacho and Xu Guang Li sent letters to the District Court dated March 25 and 28, 2018.
Camacho alleged that his fellow inmate, Jose Santos, is ill, unable to bathe or care for himself, and had to use diapers, but that DOC has refused to provide adequate cleaning and sanitary supplies to clean up the used diapers or eliminate the odor from the facility.
Li wrote that Santos cannot leave his room, even to shower, and when he asked the DOC officers to spray air freshener, they ignored him.
After Li asked to speak to the “boss,” the officer handcuffed and shackled him, threw him in the bunk and took away his wheelchair.
Camacho also described other problems at DOC, including that there is no physician or registered nurse there; medicines are inconsistent and missing; inmates get skin disease from their uniforms because of how the washers clean the uniforms; the disciplinary system does not benefit the inmates through assignments or work duty; and there are no education programs despite there being enough funds.
In her order issued yesterday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said upon screening the complaint, she finds a cognizable and non-frivolous claim with respect to the lack of sanitary supplies; lack of a physician or registered nurse to perform exams; medications being missing or inconsistent; and inmates obtaining skin disease from unclean uniforms for a violation of the Eight Amendment’s guarantee to be free from inhumane confinement conditions resulting from deliberate indifference of officials.
However, Manglona said, Camacho’s complaints about lack of educational programs and disciplinary system that does not benefit inmates do not state a claim under the Eight Amendment.
Manglona said the complaint is deficient because they never indicate which officials or entities they intend to name as defendants.
The judge said although Camacho and Li mention various individuals by name, the court will not presume that those are the individuals they would like to hold liable.
Manglona said until Camacho and Li name defendants, this case cannot proceed.
She said the proper course is for the court to give plaintiffs the opportunity to do so, rather than dismiss the complaint.
Accordingly, Manglona ordered Camacho and Li to submit a written statement of the names of all individual government officers and/or government entities that they are suing.
Manglona said if plaintiffs would like to add more details about their claims, they may do so, but only with respect to prison officials’ treatment of Santos, lack of physician or registered nurse, inconsistent or missing medications, and inmates obtaining skin disease from unclean uniforms.
Manglona said if plaintiffs seek appointment of counsel and/or to proceed without paying the court filing fees, they must file a request to do so.
Manglona said if plaintiffs need assistance with filing these statements, they may contact the District Court’s clerk’s office.
She said these statements must be sent to the court by placing it in the prisoner mail at DOC within 14 days of the date on which plaintiffs receive this order.
“Failure to do so will result in dismissal of this case,” the judge said.
Inmate Reynaldo A. Manila was the first to write a letter, requesting help from the federal court. He claimed that he may be losing his vision due to the negligence of DOC.
Inmate Anthony Rios followed with a handwritten letter to the District Court, seeking an appointment of a lawyer. He alleged that DOC denied his request to use the computer with internet access so he could research to support his case.
Jesse Camacho later also wrote a letter, claiming that he is now a disabled person after he underwent heart surgery last November. He blamed a DOC official and a DOC officer for allegedly causing the delay of his medical treatment.
The District Court entertained all the inmates’ letters.