OAG seeks dismissal of suit filed vs Rota physician

The Office of the Attorney General has moved to dismiss all 12 claims against Rota Health Center’s Dr. Francois Claasens, who is one of many others being sued by a woman who alleged that she was forcibly removed from her house on Rota and detained in the psychiatric ward of the Commonwealth Health Center on Saipan.

Assistant attorney general Ghassan Harb asserted that Kay Christian’s complaint fails to assert sufficient facts to sustain any of the claims she brings against Claasens.

Harb asked the U.S. District Court for the NMI yesterday to dismiss 12 causes of action—unreasonable seizure, due process violation (Involuntary Civil Commitment Act), due process violation (physical and chemical restraint), freedom of speech and due process violation (telephone access), discrimination in violation of Title II of the Americans with Disabilities Act, breach of settlement agreement, violation of Patient’s Rights Act, negligence, and four counts of CNMI Constitution violations.

Christian’s lawyers are Jeanne Rayphand and Matthew Holley, both of the Northern Marianas Protection & Advocacy Systems Inc.

According to Christian’s complaint, police officer Eusebio Manglona and 10 unnamed persons entered her house without her consent on Dec. 31, 2013, at 1pm.

Without provocation, Manglona allegedly grabbed Christian’s arm, twisted her arm behind her, carried her downstairs, handcuffed her to a stretcher and brought her to the Rota Health Clinic. At the clinic, she was allegedly injected with medicines.

On Jan. 1, 2014, Christian was brought to Saipan where she was allegedly involuntarily committed to the psychiatric ward at CHC. She was released from the ward two days later.

Christian later amended her complaint that asserts 12 claims against Dr. Claasens.

In Claasens’ motion to dismiss, Harb said there is an alternative explanation that the doctor acted legally—that he had probable cause to believe that Christian was dangerous and reasonably restrained her.

Harb said Christian has not asserted any facts to support a claim that the doctor failed to follow the procedures set forth for 72-hour emergency detention in the Involuntary Civil Commitment Act and that no facts in the complaint suggest that Claasens failed to follow the procedures of the Patient’s Rights Act.

Harb said Christian’s assertions is not specific on how the doctor denied her access to telephone use and states no facts that would support a finding that the doctor discriminated against her because of her alleged disability.

Further, Harb said, no facts in the complaint suggest that Claasens personally used handcuffs against Christian at the Rota Health Clinic.

Harb said Christian has not shown that she has exhausted all administrative remedies by filing a grievance alleging that her rights were violated, nor does she suggest what conduct the doctor allegedly did that constitutes negligence or how Claasens’ supposed negligence caused her injury.

Harb said that Christian has also failed to plead sufficient facts to state any claims of relief for violations of any Commonwealth constitutional rights.