DOC officials allegedly refuse to grant detainee’s request

A detainee facing a rape case sued Department of Corrections’ officials yesterday in federal court for allegedly refusing to provide him with soursop tea, a traditional method of healing to treat a painful cancerous growth in his mouth.

Joseph S. Epina, 43, is suing DOC Commissioner Georgia Cabrera, Division of Pre-Trial Detention director Jose Pangelinan, and Division of Corrections director Gregory Castro for allegedly depriving him of liberty without due process and depriving him of a traditional method of healing.

Epina, through counsel Jeanne H. Rayphand, asked the U.S. District Court for the NMI for a temporary restraining order that will stop DOC and their agents from denying him his traditional treatment for cancer.

Epina, who is asking for a gallon of soursop tea everyday, asked the court to prevent Corrections from denying him this traditional treatment for cancer while the case is pending and during the time he is detained at DOC.

Epina has been at Corrections since March 14, 2016.

According to Rayphand in the complaint, Epina was diagnosed in 2012 with varrucuous carcinoma after which surgery was performed to remove the cancer. About a week after the surgery, the cancer re-appeared, and Dr. Kenneth D. Pierson recommended that Epina drink soursop tea, Rayphand said.

The lawyer said after drinking the soursop tea for three months, the cancer disappeared.

However, Rayphand said, in October 2015 the cancer once again appeared and plaintiff again began drinking soursop tea, which resulted in reduction of the cancer’s size.

After being detained at DOC in March 2016, Epina allegedly requested that he be given soursop tea in order to combat the recurring cancer. Rayphand said the defendants denied Epina’s requests.

On June 16, 2016, Dr. Daniel Lamar sent a prescription for Epina to DOC to allow Epina to have a soursop tea. Again, DOC refused to do so, Rayphand said.

Denying Epina’s tea to treat the growing and painful tumors in his mouth deprived him of his 14th Amendment right to adequate medical care while in custody, Rayphand said, in violation of the 14th Amendment of the U.S. Constitution.

Rayphand said defendants’ denial of the traditional practice of treating cancer with soursop tea violates the CNMI Constitution and contributes to the destruction of traditional Chamorro and Carolinian practices.

According to Superior Court records, police arrested Epina last March for allegedly raping a 12-year-old girl.
The trial court imposed a $25,000 cash bail for his temporary release. He has failed to post bail.