Through Assistant Attorney General David Lochabay, Faisao said NMPASI “failed to allege that the [juvenile] detainees qualify for services under the [protection and advocacy] acts.”
NMPASI “cannot show irreparable harm to detainees,” Lochabay argued, as basis for denying the preliminary injunction.
NMPASI through lawyer Matthew Holley, sued Faisao, in his official capacity as administrator and official supervising the operations of the Kagman Juvenile Detention and Correctional Facility.
Holley said Faisao is denying NMPASI access to its clients who are wards of the Kagman juvenile center.
Faisao said the consent decree coordinator has reported to the U.S. Department of Justice: “[C]orrective actions are ongoing with emphasis on improving the investigative process and strengthening management and control. The benefits of an improved investigative process are obvious. Whereas, strengthening management and control is preventive in nature and intended to garner a higher level of professionalism.”
The report added that “the discussions and corrections actions are taking place in the highest levels of the CNMI government. Gov. Benigno R. Fitial is actively involved in the discussions which will more likely involve an organizational restructure by executive order in order to achieve…improved management and control.”
Faisao said the Kagman juvenile center is under the federal court’s supervision by way of a consent decree.
Faisao said the Attorney General’s Office “came in, investigated, and made findings and recommendations.”
“I was disturbed to learn of this arrest and the underlying allegations,” Faisao said, referring to the arrest of Division of Youth Services jail guard Tyron Farley Reyes Fitial on June 11, 2010.
The federal government has filed a superseding indictment against Tyron Fitial, 24, in federal court for two counts of deprivation of rights under color or law, and one count of enticement of a minor which the defendant has denied.
Faisao said the Kagman juvenile center “does not currently house any individuals with developmental disabilities and has not done so during his tenure as DCCA secretary.”
Faisao added that the center “does not currently house any individuals with mental illness…and has not done so during [his] tenure.”
As a result of Tyron Fitial’s arrest, Faisao said all Kagman juvenile center personnel have been trained on the requirements of the Prison Rape Elimination Act of 2003.
Currently, Faisao said the Kagman juvenile center “does not have a teacher providing educational services to [its] detainees because the Public School System has been unable or unwilling to provide such services despite all of [his] efforts to urge [PSS] to live up to their statutory duty.”
“In the absence of cooperation from PSS, I have no choice but seek an alternative source of educational services,” Faisao said.
He added: “I have initiated discussions with the administration to give me authority and funding to procure educational services independent of PSS by way of a request for proposal. I anticipate approval in short order.”
