IN SUIT BY EX-CUC BOARD CHAIR
Seven Department of Corrections officers that former Commonwealth Utilities Corp. board chair Francisco Q. Guerrero is suing have been served with summons or complaint related to the lawsuit, which claims that he sustained injuries after another prison inmate beat him up.
This came about after U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered the U.S. Marshal to serve the summons on the seven individuals in their personal capacity: Joaquin Sablan, Manuela Guerrero, Rachel Rebuenog, Jose Castro, Lynnae Cabrera, Eloy Dela Cruz, and Keith Lizama.
In her order last Friday, Manglona said that Guerrero has stated an Eight Amendment claim in his pro se complaint against seven prison officials for failing to protect him from violence at the hands of another prisoner.
Guerrero, who has been allowed to file a second amended complaint against seven other prison officials, has not done so, so Guerrero’s first amended complaint against the named seven individuals will go through.
Manglona ordered the marshal and not Guerrero to serve the summons and complaint because Guerrero is proceeding in this case in forma pauperis, which is a designation given to someone who is without the money to pursue the costs of a lawsuit or a criminal defense.
Last July, Manglona dismissed Guerrero’s amended lawsuit against seven current and former DOC officials and employees.
Manglona ruled that Guerrero, who is also an inmate, has failed to state a claim against seven defendants—former DOC commissioner Vince Attao, pretrial director Jose K. Pangelinan, Capt. Pius Yaroitemal, shift supervisor Romualdo Teregeyo Jr., and Professional Standard Unit officers Fred Billy, Marvin Seman, and Leanna P. Quitugua.
The judge, however, gave Guerrero until Aug. 2, 2019, to cure the deficiencies in his complaint.
Guerrero is serving a six-year prison term for sexual abuse of a minor.
Guerrero alleged that inmate John Kileleman, who is mentally ill, beat him up when he tried to pacify him from beating another inmate in DOC last Jan. 14.
In April 2019, Guerrero, without a lawyer, filed his original complaint against 14 DOC officials and Kileleman.
Guerrero then filed his first amended complaint against seven defendants.