By Gina Tabonares
Variety News Staff

THE government lawyer for the Department of Integrated Services for Individuals with Disabilities, or DISID, asks the U.S. District Court to dismiss the lawsuit filed by an individual with disability, citing a lack of jurisdiction and complainant’s failure to state a claim.
Assistant Attorney General Philip D. Isaac responded to the amended complaint filed by Jacob Cruz against DISID director Roseanne Ada, deputy director Gregorio Salas Calvo, administrator Helena Ana Kubo, and social worker Rosamarie Genese.
Cruz, a client of DISID, wants the demotion of the division officials, saying they are “grossly incompetent to head a department.”
Cruz filed a complaint before the U.S. District Court of Guam on Oct. 12, asking for a $4 million compensation which shall be collected from the salaries of Ada and Calvo.
He filed an amended complaint last month.
Cruz stated in his complaint that he was discriminated against on the basis of his disability status while he was seeking services from DISID through the Individualized Budgeting Program.
He said on eight occasions, Calvo promised him that funding would be disbursed to him, only to find out that he was not qualified to receive DISID services.
But according to Isaac, Cruz’s allegations are insufficient and do not support a cause of action for violation of the American with Disabilities Act.
“Even if the court found that plaintiff put sufficient facts to establish a prima facie case under the ADA, it precludes him from recovering compensatory damages because the plaintiff (Cruz) does not allege and cannot show discriminatory intent,” Isaac said, adding that Cruz does not allege that the DISID officials were deliberately indifferent, and failed to state a claim upon which relief can be granted.
Isaac said while Cruz alleged that certain promises were made to him by Calvo, the complaint is clear that the IBP application, the individualized service plan, and the individualized budget shall be submitted to and discussed with the DISID director for approval.
“The plaintiff does not allege any such approval was obtained. There was no contract. At all times, the defendants were acting within their official capacities and are not subject to individual liability in this action,” Isaac earlier argued.
The government lawyer also stated that the court lacks jurisdiction for failure of plaintiff to seek administrative relief in a timely manner, asking the federal court to dismiss the amended complaint.