Guam – An attempt to hold the Government of Guam accountable for the death of DOC inmate Justin Meno may be dismissed if the District Court of Guam sides with the Department of Corrections.
Justin Meno’s sister Brianna Meno is going after the government hoping for justice and a judgment for punitive damages, loss of future earnings and pain and suffering as a result of her brother’s death.
Justin Meno was severely beaten while incarcerated at DOC’s maximum security unit. The beating sent Justin Meno to the hospital where he later died from a tumor in his throat according to former Medical Examiner Dr. Aurelio Espinola.
But Justin Meno’s sister alleges that her brother’s death was a result of the beating and that DOC failed to enact appropriate procedures, failed to properly train and supervise its personnel and did not ensure that her brother received medical treatment in a timely manner.
The complaint cites 5 violations, namely; the eighth amendment on cruel and unusual punishment, a violation of due process of law, a violation of the 14th amendment, survivorship, and wrongful death.
The Office of the Attorney General, however, is requesting that the case be dismissed arguing that GovGuam and DOC is not liable for damages.
The OAG said DOC cannot be sued in its own name and the complaint allegedly fails to state cause of action. “The only damages that can be awarded in a wrongful death case are limited to loss of earnings and expenses incurred as a result of the injury by the deceased prior to his death,” the OAG said.