The Northern Marianas Protection and Advocacy Systems Inc., through its lawyer Matthew Holley, said Faisao and the AGO are “standing as an obstacle to services available for children with disabilities in the [Kagman juvenile] facility, showing a total disregard for their well-being.”
NMPASI said a juvenile, who was in the special education program, was released from the juvenile facility nine days after he was arrested for stabbing another teenager at a party where underage drinking occurred in 2008.
“NMPASI was able to provide services to that detainee only because the detainee was released. The services provided by NMPASI enabled the teenager to enroll in the trade school and learn invaluable skills,” stated NMPASI’s motion.
Had that detainee not been released, NMPASI said Faisao, “as demonstrated in this case, would have undoubtedly denied NMPASI access to the detainee. Thus [Faisao] would have denied him the services that have guided this wayward teenager down a life changing path.”
“[NMPASI] respectfully requests this court to remove the obstacle that [Faisao] represents in the path of children with disabilities at the facility by denying [Faisao’s] motion to dismiss,” Holley said.
NMPASI 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.
But the AGO said NMPASI “cannot show irreparable harm to detainees” as basis for denying the preliminary injunction.
Holley said “showing of disability is not required for general access” at the Kagman juvenile facility.
He added that NMPASI has “zero access” to the facility.
NMPASI’s first amended complaint described in detail “a non-exhaustive list of several known children with developmental disabilities and/or mental illness that reside or have resided at the facility.”
“Defendant Faisao’s sworn statement that there has never been a detainee with a developmental disability at the facility demonstrates how disconnected [Faisao] is from the facility,” NMPASI said in its reply to Faisao’s opposition to a preliminary injunction.
In his motion, Faisao said: “I was disturbed to learn of this arrest and the underlying allegations,” referring to the arrest of Division of Youth Services jail guard Tyron Farley Reyes Fitial on June 11, 2010.
“It is deplorable that any child should be coerced to engage in sex acts at the direction of a guard. That the child has disability, which apparently has been unknown to [Faisao], only exacerbates the tragedy,” NMPASI said.
A declaration of an assistant public defender was incorporated in the NMPASI’s first amended complaint, stating that his client was “one of the victims in the recent sexual abuse case at the Kagman juvenile facility by one of the guards.” The client currently resides in the juvenile facility, the declaration further stated.
