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Judge dismisses NMPASI’s suit vs then-DCCA secretary Faisao
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has dismissed a 2010 lawsuit filed by the Northern Marianas Protection and Advocacy Systems Inc.’s against then-Community and Cultural Affairs Secretary Melvin Faisao.
Manglona dismissed NMPASI’s lawsuit with prejudice after the parties agreed to voluntarily dismiss the action.
Dismissed with prejudice means the case cannot be re-opened.
NMPASI, through counsel Matthew J. Holley, and Faisao, through assistant attorney general Teresita J. Sablan, asked the court last week to dismiss the matter.
Holley and Sablan told the court that the matters at issue in the case have been resolved.
NMPASI sued Faisao after the Kagman Juvenile Detention Unit allegedly denied NMPASI access to the facility. NMPASI has alleged that it has one client then at the JDU that had asked for NMPASI services.
At a hearing in December 2010, Faisao submitted a letter granting NMPASI access to JDU.
U.S. District Court for the NMI visiting judge William Fremming Nielsen interpreted Faisao’s letter to be a concession that NMPASI is entitled to access the JDU facility.
The judge then ordered Faisao to pay all statutory costs arising from the lawsuit.
In his order, Nielsen ordered some requirements to be followed in order to ensure that Faisao remains compliant with the statutory framework intended to protect disabled children held in custody at JDU.
