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Last updateSat, 19 Oct 2019 12am







    Friday, October 18, 2019-9:59:25P.M.






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Judge orders AG’s office to file supplemental brief in inmate’s lawsuit

DISTRICT Court for the NMI Chief Judge Ramona V. Manglona has ordered the Office of the Attorney General to explain further the effects of 7 CMC § 2506 in its motion to dismiss the third amended complaint of inmate Reynaldo Manila.

Manila 57, has sued the Department of Corrections and its official for the blindness in his left eye.

Ramona Villagomez Manglona

He named then Corrections Commissioner Robert Guerrero and Corrections officials Jose K Pangelinan and Georgia M. Cabrera as defendants.

Assistant Attorney General Hessel Yntema, who represents Corrections and its officials, asked the court to dismiss with finality Manila’s third amended complaint.

Yntema said the first claim against Guerrero and Pangilinan was filed after the two-year statute of limitations deadline.

As for the claim against Cabrera, Ynetma said Manila failed to allege a serious harm resulting from the delayed treatment of the inmate’s cataract.

In an order issued on Thursday, Judge Manglona directed the AG’s office to discuss 7 CMC § 2506 which states: “If the person entitled to a cause of action is a minor or is insane or is imprisoned when the cause of action first accrues, the action may be commenced within the time limits in this chapter after the disability is removed.”

Judge Manglona said this provision in CNMI law appears to have overcome the statute of limitations.

She ordered the defendants to file a supplemental brief no later than June 21.

Manila, who is representing himself, said the defendants were deliberately indifferent to his medical needs. “They knew that I faced substantial risk of harm…. They purposely delayed my medical treatment although they knew that further delay would lead to total irreversible blindness.”

Manila said the defendants knew that he needed medical treatment (retinal surgery) “and yet they worked on a hearing for commutation of his sentence so that he can be deported back to the Philippines and [Corrections] will not have to provide him medical care.”

Manila is serving a 60-year prison sentence for the death of his six-month-old goddaughter in Nov. 2000. During the trial, a doctor had testified that the baby was shaken “very hard,” consistent with shaken baby syndrome.