Faisao has already agreed to provide the Northern Marianas Protection and Advocacy Systems Inc. access to the facility.
But the letter written by Faisao to NMPASI on Dec. 15, 2010, the court noted, “while a heartening show of goodwill, does not have the effect of law and could be withdrawn or ignored the moment this lawsuit was dismissed.”
“If the letter is ignored, the same injury would be repeated. Second, the injury complained of, lack of access, is of extremely limited duration, so it would always be moot before litigation was complete,” Nielsen said.
The access that will be provided to NMPASI, the court said, includes “access to all residents of [the facility] as well as records relating to those residents determined to have a mental illness or developmental disability and other disabilities.”
The court said NMPASI is also authorized to inspect and photograph all areas accessible to residents.
NMPASI will give 24 hours notice of its intended visit and only conduct educational/training visits during business hours, the court said.
The court said NMPASI will “perform its statutory duties in a manner that minimizes interference with the Kagman detention center’s programs; honors the privacy interests of the residents and staff; and honors a resident’s and a staff’s member’s request to terminate an interview.”
The juvenile detention unit will permit NMPASI staff to speak to its residents, staffers, or other persons on the facility’s property “reasonably determined to be a witness to the matter under investigation or determined to have relevant information regarding the matter under investigation.”
Nielsen also granted NMPASI’s oral motion to file an amended complaint, while the defendant’s oral motion was denied.
NMPASI’s motion for preliminary injunction was denied as moot as well as the defendant’s motion to dismiss.
The court said Faisao will pay all statutory costs arising from this suit, and ordered NMPASI to file a bill of costs.
NMPASI sued Faisao in his official capacity as administrator and official supervising the operations of the Kagman Juvenile Detention and Correctional Facility.
Faisao, the lawsuit stated, denied NMPASI access to its clients who are wards of the juvenile detention facility.
