OAG clears Dr. Claassens, Rota DPS director of wrongdoings

The Office of the Attorney General has cleared Dr. Francois Claassens and former Rota police sergeant and now Rota Department of Public Safety director Eusebio Manglona from any wrongdoings in connection with the handling of Kaye Christian, a woman who was diagnosed with mental illness and is suing the government for being allegedly handcuffed and injected with medication.

Acting Attorney General Lillian Tenorio said based on her investigation, she determined that Claassens and Manglona were acting within the scope of their respective employments when the incident complained of in Christian’s lawsuit occurred.

According to Tenorio, Christian suffers from bipolar disorder, an illness characterized by a wide range of moods and behavior.

Tenorio said bipolar disorder is treatable through medication and that consumption of alcohol aggravates the symptoms.

Christian has been treated for many years by health care providers at the Commonwealth Healthcare Corp., including Claassens, a CHCC family practice physician who has worked at the Rota Health Center for 16 years.

Tenorio said Claassens and Dr. Jeremy Richards, a psychiatrist, both treated Christian for several years and are familiar with her condition.

The acting AG said during the latter part of December 2013, Christian entered into a manic state, which may have been aggravated by the consumption of alcohol.

Tenorio said that, on the morning of Dec. 28, 2013, a Rota Health Center social worker went to Christian’s residence on Rota to deliver a letter inviting her to a mental health planning committee hearing.

Christian was invited because she is actively involved in addressing mental health issues in the CNMI.

Christian appeared drinking out of a wine glass, which smelled of alcohol. She became angry for no apparent reason and slapped the social worker on the face.

The social worker’s 11-year-old son witnessed the incident. The social worker returned to the Rota Health Clinic to report the incident to her superiors. She also filed a criminal complaint against Christian.

Tenorio said that, on Dec. 30, 2013, Christian went to an office at the Rota Health Center, where she made several telephone calls, then became erratic and threatened she would start killing people, starting with a nurse at the CHC psychiatric ward.

Tenorio said during this period of time, Christian made repeated calls to Richards, who was on Saipan.

Alarmed by the tone of content of these calls, Richards contacted Claassens and instructed the latter to contact Rota police in bringing Christian to the Rota Health Center for a psychiatric examination to determine if a 72-hour involuntary civil commitment was necessary.

On the morning of Dec. 31, 2013, Claassens contacted Rota police and asked for assistance.

Manglona told the doctor that he would require a written authorization to bring Christian to the Rota Health Center.

Tenorio said Claassens provided Manglona with a CHCC form for placing individuals suspected of being mentally ill and a danger to self or others under a 72-hour involuntary hold for observation.

Manglona contacted then chief prosecutor Shelli Neal for guidance. Neal later instructed Manglona to proceed, but not place Christian under arrest.

Manglona with two other police officers went to Christian’s house. Christian stated that she did not want to go to the Rota Health Center and that Claassens had been killing all of her friends.

Tenorio said at that time, the officers had probable cause to believe that Christian was a danger to herself or others, therefore, they were permitted by law to take her to the Rota Health Center for evaluation.

Tenorio said Christian struggled, resisted the officers, yelled profanities, and tried to punch and kick the officers.

Tenorio said Christian was handcuffed after she was taken downstairs from the house.

Claassens had to give Christian three injections to calm her down at the Rota Health Center.

Christian spent the night at Rota Health Center and the following morning, she was transferred to the psychiatric ward at CHC on Saipan.

Tenorio said medical records indicate that Christian slowly “came down” from her manic state while at CHC and was discharged on Jan. 3, 2014.

In her amended complaint, Christian is suing the CNMI government, Claassens, CHCC, and Manglona 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.

Christian is demanding payment of $1.2 million in damages and 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.