The Office of the Attorney General has moved to dismiss with finality the third amended complaint of inmate Reynaldo A. Manila against former Department of Corrections commissioner Robert Guerrero and two other DOC officials over the blindness of his left eye.
Assistant attorney general Hessel Yntema, counsel for Guerrero and DOC officials Jose K. Pangelinan and Georgia M. Cabrera, said Manila makes two claims against the three.
Yntema said the first claim against Guerrero and Pangilinan was filed after the two-year statute of limitations deadline.
She said for more than two years before Manila’s actions was initiated, the plaintiff knew about his alleged vision loss and knew about one defendant’s alleged deliberate indifference no later than Dec. 29, 2015.
The government lawyer said Manila filed his complaint over two years later.
Yntema said the second claim, against Cabrera, fails to allege a serious harm that resulted from the alleged delay in treatment of a cataract.
As this is Manila’s third amended complaint, Yntema asked the court dismiss the lawsuit with prejudice, which means Manila would no longer be able to re-file the lawsuit.