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Woman opposes suspending her suit vs govt, CHCC, doctor
Kaye Christian, a woman who is suing the government for allegedly injecting her with medication against her will, is opposing the government’s motion to suspend all proceedings in her lawsuit.
Attorneys Matthew Holley and Jeanne H. Rayphand, as counsels for Christian, asserted that staying discovery and trial is not warranted at this time.
Holley and Rayphand said the U.S. Court of Appeals for the Ninth Circuit may rule prior to the June 1, 2016, trial date, making it unnecessary to grant a stay of the trial at this time.
The lawyers said the Commonwealth Healthcare Corp., CNMI government, and other individual co-defendants, fail to justify the need to suspend proceedings.
They said granting a stay would harm Christian by delaying the resolution of her controversies with law enforcement and the psychiatric unit at CHCC.
Holley and Rayphand said the resolution of the case is of critical importance to the civil rights of individuals with mental illnesses.
The Office of the Attorney General recently asked the federal court to stay or suspend all proceedings in Christian’s lawsuit until the Ninth Circuit renders its decision in the appeal pending before it in this case.
OAG Solicitor Division chief James Zarones and assistant attorney general David Lochabay assert that the interests of judicial economy compel that this matter be adjudicated at a single trial.
Zarones is counsel for the CNMI government, Rota Health Center’s Dr. Francois Claassens, and Rota police officer Eusebio Manglona. Lochabay is counsel for CHCC.
Christian was involuntarily committed at the Commonwealth Health Center on Dec. 31, 2013. She was released from the psychiatric ward on Jan. 3, 2014, according to court documents.
Christian is suing the CNMI government, Claassens, CHCC, and Manglona for violation of the 14th Amendment of the U.S. Constitution and violation of the CNMI Constitution, the Involuntary Civil Commitment Act, and Patient’s Rights Act.
She is demanding payment of $1.2 million in damages and seeking court’s order directing the CNMI and CHCC to educate and train all employees on the Involuntary Commitment Act and Patient’s Rights Act, among others.
Last May 26, the Commonwealth filed its notice of appeal before the Ninth Circuit of the court’s order denying the Commonwealth’s assertion of sovereign immunity.
