PRICE Shoiter, a 73-year-old Department of Corrections inmate, has sued former and current Corrections officials Vincent Attao, Gregory Castro, Georgia Cabrera, and Wally Villagomez for civil rights deprivation.
In a lengthy complaint filed in federal court, Shoiter alleges that under a settlement agreement in August 2018, Shoiter and persons in Corrections custody were entitled to adequate medical care, mental health care, dental care, and eye care in line with the Eighth and 14th Amendments of the U.S. Constitution.
Shoiter said then-Corrections Commissioner Attao promised to employ a medical doctor to provide on-site medical care at the Corrections facility on or about Sept. 1, 2018.
Attao also promised to make all reasonable attempts to schedule an appointment for Shoiter to be examined and treated by the medical doctor on or before Sept. 15, 2018, Shoiter said.
If the employment of the medical doctor was delayed, Attao promised to schedule an appointment for Shoiter with an alternative medical doctor by Oct. 1, 2018 or as soon as possible, the complaint stated.
It added that Attao also promised that a medical doctor would examine and prescribe the necessary treatment for Shoiter’s constant knee and shoulder pains.
The settlement agreement states that persons in Corrections custody will undergo mental health evaluations, and will receive treatment, care, and counseling with a psychiatrist on a regular basis and on an as-needed or emergency basis.
According to the complaint, Attao promised to follow a psychiatrist’s prescription regarding the treatment and care of those in Corrections custody.
He was not to impose any form of solitary confinement, isolation, or administrative segregation in contravention of the psychiatrist, doctor, or mental health professional’s prescription, the complaint stated.
Shoiter said he was promised dental care, not limited to extractions, dentures, and other dental care or procedures.
He said Attao likewise promised to schedule a dental appointment for Shoiter within 60 days of the effective date of the settlement agreement or as soon as possible, without delay.
Furthermore, Attao promised to schedule an ophthalmologist appointment for Shoiter within 60 days of the effective settlement agreement date or as soon as possible, the complaint stated.
Shoiter said he was supposed to receive required eye care and treatment, including glasses, without delay, as prescribed by an optometrist or ophthalmologist.
Moreover, Attao was supposed to have made available and dispense prescribed medications to Shoiter on a timely and regular basis, consistent with constitutional requirements, as prescribed, the complaint stated.
Northern Marianas Protection and Advocacy Systems Inc., or NMPASI, was supposed to have received all of Shoiter’s medical and inmate files within a day of a request for a one-year period from the effective date of the settlement agreement, the complaint added.
It stated that Attao also promised to develop and implement a plan to eliminate the substantial risk of serious harm to inmates due to inadequate medical care, mental healthcare, dental care, and eye care.
Shoiter said Corrections has failed to ensure that he receives the healthcare that he needs, including CHCC-recommended heart surgery, surgery on his right eye as recommended by Marianas Eye Institute, adequate dentures, as well as the safe administration of prescribed medication.
He is seeking reparations for general, consequential, compensatory, and punitive damages; a declaration that the defendants’ actions violated his constitutional rights; a court order directing Attao and all other applicable parties to stop subjecting inmates to unlawful and unconstitutional treatment; off-island medical referral for heart surgery; medical referral for eye surgery; SYNVISC-1 injection to Shoiter’s knees; correct, complete, and unexpired prescribed medication; a policy and procedure to ensure that all inmates have adequate medical care; and attorneys’ fees and litigation costs.
Shoiter is represented by attorney Michael Dotts.
All parties are scheduled to appear before District Court for the NMI Chief Judge Ramona V. Manglona today, Thursday, at 9:30 a.m. for a case management conference.
