THE lawsuit of inmate Steven Aguon, who has accused the Department of Corrections and its officials and officers of human rights violations, has been allowed to proceed by the federal court.
District Court for the NMI Chief Judge Ramona V. Manglona also granted Aguon’s request to waive payment of court fees in filing his complaint.
The judge likewise ordered the U.S. Marshals Service to serve the defendants with the summons, complaint and request for injunction.
Judge Manglona at the same time ordered Corrections Commissioner Wally Villagomez to respond in writing no later than 14 days after service, and explain to the court why it should not grant Aguon’s motion for preliminary injunction.
The judge scheduled a preliminary injunction hearing for March 29 at 1:30 p.m. and ordered the Corrections commissioner to appear.
Aguon, 41, is serving time for sexually assaulting a then-10-year-old boy.
Representing himself, Aguon has sued Corrections and its officials, accusing them of breaching a previous settlement agreement reached in the lawsuit of 14 inmates who claimed constitutional violations.
The settlement agreement included the implementation of a plan “to eliminate the substantial harm the prisoners suffer” due to inadequate medical care, mental health care, dental care, and eye care at the prison facility in Susupe.
In his lawsuit, Aguon is asking for an award of damages for civil rights deprivation and injunctive relief against the Corrections officials.
Besides Corrections Commissioner Wally Villagomez, the other defendants are Corrections Director Gregory Castro, Director Georgia Cabrera, Officers Keith Lizama, Alvin Napaial, Raymond Sablan, Patrick Dowai, Pete Somorang, and Kevin Simina.
The Corrections officials with the exception of Commissioner Villagomez were sued in their official capacities only. Villagomez was sued both in his personal and official capacities.
For their part, the Corrections officers were sued in their personal capacity.
Aguon is alleging that the Corrections officials failed to provide adequate medical care for testicular cancer and diabetes.
He also alleged that he was assaulted two times by Corrections officers. He is asking the court to award him damages for the alleged battery he suffered at the hands of the officers.
Aguon also wants the court to award him compensatory damages, and punitive damages in an amount to be proven at trial.
