THE Department of Corrections is asking the Superior Court to dismiss the lawsuit filed by former inmate Shaina Castro, who alleges she was raped by another inmate while in custody.
Represented by attorney Cong Nie, Castro named as defendants Corrections Commissioner Anthony Torres, in his official capacity, and current and former Corrections Officers Lynnae Cabrera, Tarius Kapwich, and Paulino Nekaifes, in both their official and personal capacities.
In her complaint, Castro accuses the defendants of failure to protect and negligence, claiming that Corrections officers on duty failed to prevent her from being sexually assaulted by male inmate Gerald Sablan on or about April 2, 2024.
The defendants, represented by Assistant Attorney General Rellani Ogumuro, have asked the court to dismiss the complaint, arguing that it “fails to allege facts that demonstrate plaintiff was subjected to conditions that posed an objectively serious risk of sexual assault.”
Ogumuro stated: “There are no allegations of a history or pattern of inmates freely moving and opening doors between sections of DOC. Nor are there allegations of a history or pattern of inmates in isolation wandering over to DOC’s general population or various sections. As such, a prison official would not suspect a substantial risk of sexual assault by one inmate against another, especially when the alleged perpetrator is placed in restrictive confinement — segregated from DOC’s general population and the all-female section.”
She said the plaintiff asserts that Commissioner Torres knew of the risk when Sablan was housed in a section “close by” to female inmates.
“Plaintiff’s allegations are conclusory and purely speculative,” Ogumuro added.
“Overall, the complaint fails to properly allege that plaintiff was placed in conditions that posed a substantial risk of serious harm. Based on the complaint, plaintiff cannot establish that Commissioner Torres subjected her to such conditions.”
The plaintiff also claims that Torres knew Sablan “consistently and regularly smuggled contraband and drugs into DOC with the help of DOC officials.”
However, according to Ogumuro, “Commissioner Torres took reasonable steps to abate this risk and guarantee prisoner safety. By removing Sablan from his usual cell and placing him in isolation, the Commissioner acted to control the situation. Sablan could no longer easily interact with others who may have been part of the alleged scheme. Isolation was a reasonable attempt to cut off access to other inmates or officers potentially involved in his alleged corruption. He was housed alone — a reasonable step to ensure safety.”
Ogumuro added: “Commissioner Torres is entitled to qualified immunity, and therefore the claim against him should be dismissed.”
In her filed complaint, Castro alleged that Commissioner Torres “decided and approved the housing of [Gerald] Sablan” in a section adjacent to her cell.
She further claims that Torres knew female inmates faced a substantial risk of serious harm from sexual assault when housed near male inmates like Sablan, and that he failed to take reasonable steps to prevent such harm. She also alleges failures in training staff to prevent inmate-on-inmate sexual assault and in addressing internal corruption involving Sablan and Corrections officers.
Castro contends that the Commissioner’s alleged inaction “showed deliberate indifference” to the known risk of harm she faced.
