Inmates’ suit vs Corrections officials dismissed

In this file photo, William Mathewson walks out of the courtroom after a hearing in his criminal case. (Ferdie De La Torre)

U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Wednesday dismissed with prejudice a lawsuit filed by William Kapono Mathewson and 13 other inmates against Department of Corrections Commissioner Vincent S. Attao and DOC director Gregory Castro.

This means the 14 inmates can no longer re-file the case.

Manglona ordered the dismissal because the parties have reached a settlement and asked the court to drop the case.

The court will retain jurisdiction over the case to enforce the terms of the settlement.

The judge instructed the clerk to close the case.

Attao and Castro have settled the lawsuit filed by the 14 inmates to resolve the department’s alleged failure to provide them with medical care, mental health care, dental care, and eye care.

Mathewson is serving a 15-year prison term for stabbing a Rota physician with a fishing spear. The doctor survived with serious injuries.

The 13 other inmates are Steven Aguon, Ray Anthony Babauta, Joseph Barto, George Cruz, Donald Hocog, Nena Langu, Wei Lin, Joaquin Lizama, Daniel Mauricio, Carlos Ramangmau, Alfredo Reyes, Price Shoiter, and Xinqiang Zheng.

The inmates sued Attao and Castro for allegedly providing them inadequate medical care and inadequate mental health treatment, and subjecting them to solitary confinement.

The inmates alleged that Attao and Castro subjected them to excessive solitary confinement, in violation of the 8th and 14th Amendments of the U.S. Constitution.

By entering the settlement deal, Attao and Castro are not making any admission of liability. They have disputed the merits and validity of the inmates’ claims.

Attao and Castro in their official capacity, and the 14 inmates signed the settlement agreement.

Northern Marianas Protection & Advocacy Systems Inc. legal counsel Jeanne H. Rayphand is representing the inmates. Assistant attorney general Hessel E. Yntema is counsel for Attao and Castro.

Following the settlement, Rayphand and Yntema asked the court to dismiss the lawsuit with prejudice.

The settlement resolves the issues of medical care, mental health care, dental care, eye care, medications, sanctions matter, records, and DOC rules, regulations, policies, and procedures.

On medical care, Attao and Castro disclosed that they are in the process of employing a physician to provide on-site medical care at DOC facility beginning on Sept. 1, 2018.

Attao and Castro have agreed, among other terms, to make all attempts to schedule an appointment for each of the 14 plaintiffs to be examined and treated by the doctor on or before Sept. 15, 2018.