|
By Gina Tabonares
Variety News Staff
AN INMATE appealed the dismissal
of the lawsuit he filed against 33 prison and parole officials. The District
Court of Guam issued new summonses to the GovGuam officials.
Judge Alex Munson dismissed the case filed by Alexander Kitano on March
12, saying the plaintiff failed to state a claim in his complaint.
A week after the decision, Kitano filed a motion for reconsideration,
saying that although he failed to state a claim, that doesnt mean
that the case doesnt have merit against 33 past and former GovGuam
officials.
On Tuesday, the District Court of Guam issued summonses to Jesus Rivera,
former board member of the Guam Territorial Parole Board and Angel Sablan,
former director of the Department of Corrections.
Kitanos original complaint included Gov. Felix P. Camacho, former
Gov. Carl T.C. Gutierrez, Department of Corrections director Robert Camacho,
Sen. Frank Ishizaki, R-Yona, who was sued in his capacity as former police
chief, Guam Territorial Parole Board former chairman Jose Salas, chairman
Soledad Chargualaf, members Connie Duenas, Francisco Marion, Edward Flores,
Francisca Santos, Eustaquio Punzalan and several John Does.
He alleged that the defendants violated his constitutional rights by transferring
him off-island, by failing to timely consider him for parole, and by failing
to provide him with due process at his parole hearing by not securing
his presence at the hearing itself, resulting in the denial of his parole.
The inmate asked for a jury trial to compel incumbent and past government
officials to perform their duties as stated in the U.S. Constitution.
The defendants lawyer, Deputy Attorney General William Bischoff,
earlier said theres no clear constitutional right that exists for
an inmate housed off-island to be transported to Guam for a personal appearance
at parole hearings.
Bischoff said the defendants have no clear affirmative obligation to pay
for the travel expenses of the plaintiff and the escorts that would be
necessary for the exercise of that right, if it does exist.
|