STEVEN Aguon, an inmate, is accusing the Department of Corrections and its officials of breaching a settlement agreement reached in the lawsuit of 14 inmates who complained about constitutional violations.
The settlement agreement, which took effect on Aug. 16, 2018, 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 filed in federal court, Aguon is asking for an award of damages for civil rights deprivation and injunctive relief against the Corrections officials.
He named as defendants Corrections Commissioner Wally Villagomez, Corrections Director Gregory Castro, Corrections Director Georgia Cabrera, Corrections 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 in his personal and official capacities while the Corrections officers were sued in their personal capacity.
Aguon alleged that the Corrections officials broke their promises by failing to provide adequate medical care for testicular cancer and diabetes.
He also alleged that he was assaulted twice by Corrections officers. He asked the court to award him damages “for the battery he suffered from the hands” of the Corrections officers.
Aguon is also seeking compensatory damages and punitive damages in an amount to be proven at trial.
In addition, he wants the court to order Commissioner Villagomez to immediately provide Aguon with the following:
• A doctor appointment for his testicular cancer and surgery for his testicles if necessary.
• A doctor appointment for his diabetes, correct and complete medication for his diabetes and testicular cancer, insulin shots and blood glucose strip.
• Meals that conform to the restrictions imposed by the doctor to control his diabetes.
The lawsuit also asked the court to order the defendants to institute a policy and procedure to ensure that Aguon and all similarly situated inmates have adequate medical care, “free from deliberate indifference that plagued” the plaintiff.
Aguon, who represents himself in the lawsuit, is serving time for sexually assaulting a then 10-year-old boy.
