U.S. District Court for the NMI Chief Judge Ramona V. Manglona placed under advisement yesterday a motion to dismiss inmate Reynaldo A. Manila\u2019s lawsuit against former Department of Corrections Commissioner Robert Guerrero and two other DOC officials. Manila blames them for his left eye going blind.<\/p>\n
Manglona said she will issue a written decision.<\/p>\n
Assistant attorney general Hessel Yntema argued as counsel for Guerrero and DOC officials Jose K. Pangelinan and Georgia M. Cabrera.<\/p>\n
Manila, who remains in the custody of the Department of Corrections, appeared without a lawyer via a telephone. He argued in opposition to defendants\u2019 motion.<\/p>\n
In defendants\u2019 motion to dismiss, Yntema said the first claim against Guerrero and Pangilinan was filed after the two-year statute of limitations has already lapsed.<\/p>\n
Yntema said the second claim, against Cabrera, fails to allege a serious harm that resulted from the alleged delay in the treatment of a cataract.<\/p>\n
As this is Manila\u2019s third amended complaint, Yntema asked the court dismiss the lawsuit with prejudice, which means Manila can no longer re-file the lawsuit.<\/p>\n
Manglona recently granted Guerrero\u2019s motion to dismiss the claims against him.<\/p>\n
Manglona, however, allowed Manila to amend his lawsuit on when and how then-DOC Commissioner Guerrero found out about Manila\u2019s need for retinal surgery, and any actions Guerrero may have taken.<\/p>\n
Guerrero, who is currently the Department of Public Safety commissioner, was the DOC commissioner when Manila, an inmate, was diagnosed with retinal detachment in the left eye.<\/p>\n
Manila sued Guerrero and DOC officials Cabrera and Pangelinan in their personal capacity for alleged violations his Eighth Amendment right to adequate medical care.<\/p>\n
Cabrera used to serve as DOC commissioner, while Pangelinan served as acting DOC commissioner when Guerrero was transferred to DPS. Cabrera and Pangelinan are still DOC officials.<\/p>\n","protected":false},"excerpt":{"rendered":"
U.S. District Court for the NMI Chief Judge Ramona V. Manglona placed under advisement yesterday…<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[446],"class_list":["post-303347","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-doc"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/303347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=303347"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/303347\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=303347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=303347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=303347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}