An inmate has filed a complaint against Department of Corrections Commissioner Vince Attao and nine DOC officers for allegedly failing to provide for his serious medical needs, despite letters he wrote to them and calls made to them by his wife.
Francisco Q. Guerrero filed a complaint against Attao and DOC officers on the grounds of deliberate indifference to serious medical needs in violation of the eighth amendment of the U.S. Constitution
District Court for the NMI Chief Judge Ramona Manglona ordered the dismissal of the claims without prejudice but allowed Guerrero to amend his complaint.
Manglona ordered the dismissal because she said that Guerrero’s complaints fell short of alleging facts.
“The complaint must be dismissed for failure to state a claim on which relief may be granted,” she said.
The court gave Guerrero until July 31 to amend his complaint.
According to court information, Guerrero complains that DCO delayed treatment for his eyes, failed to provide prescribed eye drops on two occasions, delayed providing him prescribed eyeglasses that caused an injury on his rib, and delayed treatments for the replacement of his dentures, which caused him pain and suffering. Guerrero also stated that he filed a grievance with DOC and got no response.
Guerrero claims that he submitted letters about his medical needs to Attao and even had his wife make phones calls to him but to no avail.
On June 2016, Guerrero claims that DOC captain Georgia M. Cabrera refused to authorize replacing his dentures, against dentist’s recommendation, on the grounds that DOC only provides for tooth extraction.
In October 2017, Guerrero claims that, after a cataract surgery on his left eye, DOC officers Eloy Dela Cruz and Lynae Cabrera failed to give him prescribed eyedrops, and again failed to do so in March 2018 after being examined at the Marianas Eye Institute.
The two officers also allegedly delayed picking up his new prescribed eyeglasses, causing him to suffer a rib injury in July 2018.
Guerrero also alleges that after six teeth extractions in November 2018, DOC officers did not provide him with pain medication, failed to provide him soft food, and failed to check his vital signs.
Guerrero is a former Commonwealth Utilities Corp. board chair who is serving a six-year prison term for sexual abuse of a girl.