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Last updateTue, 10 Dec 2019 12am







    Monday, December 9, 2019-2:21:47P.M.






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Inmate’s amended lawsuit dismissed

FEDERAL Judge Ramona V. Manglona has dismissed an inmate’s amended lawsuit against the Department of Corrections, citing deficiencies in his complaint.

The court ordered Francisco Q. Guerrero to correct his pleadings by Aug. 2, 2019.

Guerrero, who is serving six years for child sex abuse, represents himself.

He has sued the Department of Corrections and several corrections officers, including the then-commissioner, for injuries he allegedly suffered in the hands of another inmate in January 2019.

His first amended complaint named former Corrections Commissioner Vince Attao and 13 others as defendants.

In her ruling, Judge Manglona said Guerrero’s lawsuit failed to state a claim against seven defendants: former Commissioner Vince Attao, Jose K. Pangelinan, Pius Yaroitemal, Fred Billy, Marvin Seman, Leanna P. Quitugua and Romualdo Teregeyo Jr.

The judge dismissed without prejudice the claims against the seven, but allowed Guerrero to amend his complaint a second time.

If Guerrero does not file a second amended complaint, the court will order the U.S. Marshal to serve the first amended complaint on seven defendants only — Corrections Officers Joaquin Sablan, Manuela Guerrero, Rachel Rebuenog, Jose Castro, Laena Cabrera, Eloy Dela Cruz and Keith Lizama.

Judge Manglona stated that Francisco Q. Guerrero did not state a claim against Attao, Pangelinan, Yaroitemal or Teregeyo for failure to train or supervise.

Finding that Guerrero’s first amended complaint does not contain any allegation of a threat or repeated injury that is actual or imminent, the court said he has also not demonstrated that he has standing to bring a claim for injunctive relief.

The court also said Guerrero does not allege any facts regarding an ongoing violation that Billy, Seman and Quitugua were aware of and knowingly failed to respond to.

“The fact that these three officers were not receptive to Guerrero’s requests and have not responded to his complaint is not enough to state a claim for violations of his 8th and 14th Amendment rights for the injuries he sustained at the hands of another inmate,” the judge said.

As for Guerrero’s claims for failure to supervise, the judge said he also failed to establish factual allegations.

Guerrero has not stated a claim for failure to train or supervise against Attao, Pangelinan, Yaroitemal or Teregeyo, the judge added.

Previously, the court found sufficient claim for failure to protect against six defendants: Manuela Guerrero, Sablan, Rebuenog, Castro, Cabrera and Dela Cruz.

The judge said Francisco Q. Guerrero has also sufficiently stated a claim against Keith Lizama, the officer assigned to his pod on the day of the attack against him by another inmate, John Kileleman.

Lizama was aware that Kileleman might violently harm another inmate and acted with deliberate indifference to Guerrero’s safety by leaving his post, the judge said.

Guerrero is suing the Corrections officials for violation of his 8th and 14th Amendment rights.

He is also requesting a “restrictive” injunction relief against the defendants in their official capacities, “to stop them from holding a position, for they have such little capacity to handle its core function and only to have authority but not willing to be responsible.”

Guerrero also wants the court to award him compensatory damages against the defendants in their individual capacities in an amount the court may deem proper.

As for inmate John Kileleman, who was also named as defendant, Guerrero is seeking an order from the court it deems proper.

He said he sustained injuries on his head and legs that required medical examinations including X-rays of his chest, shoulder and front head after the incident which happened in the afternoon of Jan. 14, 2019.

Guerrero’s other civil lawsuit against Corrections and its officials alleged that he got into an accident because of Corrections’ failure to provide him his prescribed eye-drops and eyeglasses. He said his right rib was cracked in the accident, causing him pain and suffering.

That lawsuit, filed in February 2019, named former Corrections Commissioner Vince Attao and other Corrections officers as defendants.

Guerrero is also suing Correction for violations of his constitutional rights.

Judge Manglona found his claims in that case short of stating a constitutional violation, but she also allowed him to correct his pleadings.