DR. CLAASSENS’ DECLARATION:
Medications injected on Christian was for her safety, others
Rota Health Center’s Dr. Francois Claassens stated that he administered a series of medications to calm Kaye Christian because of his concern for her safety and the safety of others.
Claassens said Christian was exhibiting behavior that presented an imminent threat of substantial harm to herself or others.
In his declaration, Claassens said it was not possible to threat Christian without calming her down and that involuntary medications were the only method to achieve this.
The doctor’s declaration was filed in the U.S. District Court for the NMI to support his motion for partial summary judgment that asks the court to rule that he is immune from the claims in Christian’s lawsuit.
Christian was diagnosed to have a mental illness.
Christian, through counsels Jeanne H. Rayphand and Matthew Holley, is suing Claassens, the CNMI government, the Commonwealth Healthcare Corp., and Rota police officer Eusebio Manglona.
Christian’s is suing the defendants for violation of the 14th Amendment of the U.S. Constitution—unreasonable seizure, deprivation of liberty without due process of law; breach of settlement agreement (use of handcuffs in Rota Health Center; breach of settlement agreement (failure to train); violation of the CNMI Constitution (unreasonable seizure); Involuntary Civil Commitment Act; Patient’s Rights Act—chemical restraint, right to ready access to telephone, right to receive copy of rights, and right to keep and use personal possession.
The plaintiff is demanding payment of $1.2 million in damages and is seeking the court’s order directing the CNMI and CHCC to provide ongoing education and training for all employees to address the Involuntary Commitment Act, the Patient’s Rights Act, among others.
In his declaration, Claassens said having observed and evaluated Christian at Rota Health Center, and being aware of Christian’s medical history and her recent threat to harm others, he determined that a 72-hour hold was warranted.
He disclosed that on Dec. 28 to 30, 2013, he received two or three phone calls at his house from Christian.
In these calls, the doctor said, Christian rambled coherently about various matters, including nursing staff and that she hated them.
Claassens said Christian also threatened to physically harm Rota Health Center staff.
Claassens was aware of reports that on Dec. 29, 2013, Christian slapped a Rota Health Center staff.
Claassens said that on Dec. 30, 2013 at 5pm, Dr. Jeremy Steven Richards, Christian’s treating psychiatrist, called him from Saipan and told him that Christian had been calling him and was in a manic state.
He said Richards stated that Christian threatened to harm and kill hospital staff and that she assaulted one hospital staff.
Claassens said Richards recommended that he seek assistance from the Department of Public Safety to bring Christian to the Rota Health Center to determine whether to initiate a 72-hour hold.
Classens said that, on Dec. 31, 2013, he asked DPS to assist in bringing Christian to the Rota Health Center and that DPS agreed.
He said at 1pm on Dec. 31, 2013, Christian was brought into the emergency room of the Rota Health Center by DPS officers and firefighters.
He said Christian, who was on a gurney and restrained with handcuffs, was shouting abusive and foul language and was violent in both her language and behavior.
Claassens, through the Office of the Attorney General, has denied that the administration and injection of medication was unnecessary or excessive.