Mettao, also known as “AJ” and “Ras Tayo,” sued CHCC Chief Executive Officer Esther Muna in her official capacity.
Mettao also named Dr. Martin Philip Rohringer, Dr. Ashebir T. Chekol and registered nurse Joshua Tanghal as co-defendants who were sued in their official and personal capacities.
Mettao in his lawsuit included other unnamed defendants who were employees of CHCC.
Mettao, through Northern Marianas Protection & Advocacy Systems Inc. counsel Jeanne H. Rayphand, has asked the court for an order awarding Mettao $100,000 in damages.
The lawsuit also requested the court to issue an injunction against Muna, directing the CEO “to provide ongoing education and training for all CHC physicians, nurses, security personnel and staff who have direct patient contact”; to address “persons’ rights regarding involuntary detention and commitment and involuntary medication, the Involuntary Commitment Act, and the Patient’s Rights Act; and further directing that the training to be provided within 30 days for all current employees, within 30 days of initial employment for new employees, and at least once per year thereafter for all employees.”
Moreover, Rayphand asked the court to issue a declaratory judgment ruling that the defendants’ violated Mettao’s right under the U.S. Constitution, the CNMI Constitution, the CNMI Involuntary Civil Commitment Act, and the Patient’s Rights Act.
ER
On Nov. 10, 2019 at 1:30 p.m., police officers brought Mettao to the emergency room of the hospital.
Rayphand said the police officers did not file an application for a 72-hour emergency detention.
On the same day at 2 p.m., Rayphand said Dr. Rohringer signed an application for psychiatric evaluation under the 72-hour emergency detention provision, and filled out a form stating that he had examined Metao and certified “that [he] has a mental disorder, is in imminent danger to self or others, and is in need of immediate admission for up to 72 hours of evaluation, treatment and care.”
Rayphand said Dr. Rohringer determined that Mettao was not suicidal or homicidal and concluded that the plaintiff was gravely disabled. The doctor admitted the plaintiff involuntarily to the CHC psychiatric ward even though the plaintiff “did not pose a serious threat of imminent and substantial harm to himself or others,” said Rayphand.
Dr. Chekol’s assessment of Mettao was that he was well oriented but looked hyperactive and talkative.
Mettao told Dr. Chekol that he did not want to take any medications from CHCC, Rayphand said.
At 4:20 a.m. on No. 12, 2019, medications were administered to Mettao by registered nurse Tanghal and other employees, over the objection and without Mettao’s consent, Rayphand said, adding that the medications were administered to Mettao using force.
A psychiatrist, Dr. Justin T. Van Der Meid, who was not named as a defendant in the lawsuit, had also seen Mettao, Rayphand said.
Mettao adamantly refused initiating a trial of any medication and requested to be discharged, she added.
At 12:15 p.m., Nov. 12, 2019, Dr. Van Der Meid discharged Mettao after consulting with the plaintiff’s family members who were also demanding his release.
“Dr. Van Der Meid determined that [the] plaintiff was not exhibiting acute safety concerns that might warrant further involuntary hospitalization and that [the] plaintiff would be able to care for himself,” Rayphand added.
Claims denied
Rayphand said Mettao’s lawsuit complied with the Government Liability Act. She said his claims were presented to the CNMI Attorney General’s Office on April 1, 2020, but the AG denied them on May 20, 2020.
It was earlier reported that Mettao was seen in Garapan and Lower Base, walking in the middle of the road and into incoming traffic, creating a disturbance.
Mettao also posted a live video feed of himself smoking marijuana and then crossing a pedestrian crossway.
While being arrested, Mettao cried in pain and asked the officers to take it easy on his arm because of a recent injury he had sustained. His arrest was recorded live on social media.
Mettao, a military veteran, was a former peer support technician at the Community Guidance Center. He was previously in recovery for drug addiction and suffers from Post-Traumatic Stress Disorder.
In 2012, Mettao was charged with setting on fire a local radio station’s service vehicle. He was charged in federal and local courts.
He was sentenced for arson and served two-year imprisonment for the federal charge, to be concurrent with the local charge.
On Monday, June 15, Mettao was scheduled to appear before Superior Court Presiding Judge Roberto Naraja for an arraignment.
In his latest case, Mettao is charged with terroristic threatening and public disturbance.
In April, Mettao stated on Facebook that he would kill someone by shooting and bombing while he was driving his vehicle.
