Defense wants suit junked over inmate’s failure to sign complaint

The defense lawyer in the lawsuit filed by an inmate against Department of Corrections personnel alleging violations against his Eighth Amendment rights has asked the U.S. District Court for the NMI to dismiss the lawsuit entirely over a signature.

Defendant Peter Lieto, through attorney Charles Reyes Jr., has asked the court to dismiss Lin Zhou You’s complaint because of his failure to sign the complaint.

“Rule 11(a) of the Federal Rules of Civil Procedure requires that every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented. Fed. R. Civ. P. 11(a). According to the rule, the court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. In this case, there are similar marks resembling the letter ‘x’ to the left of the date and signature lines that do not appear to constitute plaintiff’s signature,” Reyes stated.

He argues that there are marks on the complaint that appear to flag areas requiring completion by Lin, but no markings appear to the right of the date and signature where a date and signature would be customarily placed.

“This matter is called to plaintiff’s attention for prompt correction. In the complaint, plaintiff refers to himself in the third person and admits to being helped by a ‘prison lawyer,’ who may have prepared the complaint for plaintiff without his actual signature,” he said.

“Note that inmate writers may assist other prisoners in the preparation of postconviction relief, but no authority authorizes them to engage in the practice of law by filing papers with the court as the inmate’s legal representative. In any event, the complaint also does not bear the signature of any other individual purporting to file papers with the court as plaintiff’s legal representative,” Reyes added.

The court has yet to set a hearing on this matter.

According to Saipan Tribune archives, Lin, who is serving time for assaulting his girlfriend in 2020, named Corrections Commissioner Wally Villagomez, DOC director Georgia Cabrera, and prison guard Peter Lieto as defendants in his lawsuit.

According to the complaint, Lin said he was sitting on a chair by a table in Pod 2 Section F on Dec. 5, 2020, when inmate Peter Blas assaulted him by choking him on the neck for about 10 seconds during which he was unable to breathe. He said he was a pretrial detainee at the time of the incident but was placed with sentenced inmates. 

He also alleged that at the time of the incident, Lieto, who was the section officer, was not at the duty station. Lin said this violated Corrections regulations requiring a duty officer to be present at all times during an activity.

Lin also alleged that the defendants’ actions violated the United Nations’ Standard Minimum Rules on the Treatment of Prisoners and violated his rights under the CNMI Constitution.

He said that, as a result of the incident, he suffered trauma and was often taken to the hospital for pain on his hands, head, and fingers. He said he also continues to suffer depression, severe pain, and excruciating headaches.

Lin is seeking compensatory and punitive damages for his injuries and pain and suffering, including emotional distress, in a total amount of $100,000.