Last month, NMPASI through lawyer Matthew Holley, sued Faisao in his official capacity as administrator and the official supervising the operations of the juvenile center, for denying NMPASI access to investigate the facility as requested by one of its wards.
Faisao has filed a waiver, and acknowledged he has to file and serve an answer or a motion within 60 days from Oct. 7, 2010.
“If I fail to do so, a default judgment will be entered against me or the entity I represent,” Faisao wrote the federal court.
In the NMPASI motion for preliminary injunction, Holley is asking the court to require Faisao to grant NMPASI “immediate, full, complete, meaningful, and unaccompanied access” to the Kagman juvenile center.
Holley said they want to meet with NMPASI clients, provide information and training to residents about their rights, monitor the facility to ensure compliance with resident’s rights, and investigate abuse and neglect.
Sean Frink, a court-appointed lawyer for one of the wards detained at the Kagman juvenile center, said after consultation with his client and his parents, “I requested the services of NMPASI.”
Since the last correspondence on Sept. 17, 2010 with Faisao, Holley said “neither defendant nor anyone from the Attorney General’s Office has contacted me concerning the matter.”
“NMPASI and the residents will suffer irreparable harm if [Faisao] continues to deny [NMPASI access to the facility,” Holley told the court.
He added: “As with hardship and prejudice, it does not serve the public interest to deny [NMPASI] access to the facility. The court cannot allow [Faisao] and the facility to deny residents their rights, and NMPASI the ability to investigate abuse and neglect. Finally, the public interest as expressed by Congress may be served through enforcement of the [protection and advocacy] acts.”
These include the Protection and Advocacy for Mentally Ill Individuals Act of 1991; the Developmental Disabilities Assistance and Bill of Rights Act; and the Protection and Advocacy for Individual Rights Act, Holley said.
