U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed on Friday the lawsuit filed by former Commonwealth Utilities Corp. board chair Francisco Q. Guerrero against seven Department of Corrections officers whom he sued after an inmate allegedly beat him up inside DOC.
Manglona dismissed Guerrero’s lawsuit with prejudice and instructed the clerk of court to close the case. That means Guerrero can no longer re-file the case.
The judge issued the dismissal following the parties’ request because of their negotiated settlement.
The CNMI government settled the case with Guerrero, with each party bearing its own attorney’s fees and costs. The terms of the settlement agreement were not disclosed.
Guerrero represented himself in this case. The Office of the Attorney General served as counsel for the DOC officers: Joaquin Sablan, Manuela Guerrero, Rachel Rebuenog, Jose Castro, Lynnae Cabrera, Eloy Dela Cruz, and Keith Lizama.
Last July, Manglona dismissed Guerrero’s amended lawsuit, ruling that he has failed to state a claim against seven other 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.
Guerrero has been serving a six-year prison term for sexual abuse of a minor girl.
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 filed his original complaint against 14 DOC officials and Kileleman.
Guerrero then filed an amended complaint against seven defendants. He did not include Kileleman as a defendant.