DISTRICT Court for the NMI Chief Judge Ramona V. Manglona has approved inmate Zhou You Lin’s application to proceed “in forma pauperis” with his complaint against Department of Corrections officers who, he alleged, violated his Eighth Amendment right due to an assault by another inmate.
According to an online legal dictionary, “in forma pauperis” is a Latin term meaning “in the manner of a pauper,” which allows an indigent person to file a case without paying court fees because the person cannot afford to pay.
In the court order, the judge said the court is required by law to screen complaints brought in civil actions by individuals filing in forma pauperis.
“Having reviewed Lin’s application,” she added, “the Court GRANTS Lin’s application to proceed in forma pauperis. Moreover, because Lin states a claim upon which relief may be granted, the Court directs that the complaint be served with summonses by the U.S. Marshals Services.”
Judge Manglona also said that Lin’s claim against Peter Lieto in his individual capacity may proceed.
“If Lin seeks to pursue his claim against Defendants Wally Villagomez and Georgia Cabrera in their individual capacities, he may seek leave to amend his complaint and add more facts to support his claims against them in the future,” the judge added.
Lin, 48, is serving time for assaulting his girlfriend in 2020. His lawsuit named as defendants Corrections Commissioner Wally Villagomez, Director Georgia Cabrera and prison guard Peter Lieto.
Lin, who represents himself in his complaint, said on Dec. 5, 2020, at approximately 6 p.m., he was sitting on a chair by a table in Pod 2 Section F when inmate Peter Blas assaulted him by choking him on the neck for about 10 seconds during which Lin was unable to breathe.
He said he was a pretrial detainee at the time of incident, but was placed with sentenced inmates.
Lin said other inmates witnessed the assault. He also alleged that at the time of the incident, Peter Lieto, who was the section officer, was not at the duty station. Lin said this violated Corrections regulations requiring a duty officer to be present at all times during an activity.
According to Lin’s lawsuit, the defendants were acting under the color of law when they violated his Eighth Amendment right against cruel and unusual punishment.
Lin also alleged that the defendants’ actions violated the United Nations’ Standard Minimum Rules on the Treatment of Prisoners and violated his rights under the CNMI Constitution.
He said as a result of the incident, he suffered trauma and was “often taken to the hospital for pain on his hands, head, [and] fingers.” He said he continues to suffer depression, severe pain, and excruciating headaches.
Lin is seeking compensatory and punitive damages for his injuries and pain and suffering, including emotional distress, in a total amount of $100,000.
He said he has filed a grievance with the Department of Corrections, but received no response from the commissioner and was instead relocated to another section segregating him from legal access to a prison lawyer.
He said his first letter to the federal court was somehow also never received.
