by Mindy Aguon
Guam - A Customs and Quarantine Agency officer who filed a federal complaint against the agency, alleging civil rights violation, may move to dismiss the action. Derrick Guerrero claims the agency discriminated against him because of his disability. The Customs Officer II had attempted to be reinstated to the Maritime Interdiction Task Force following surgery for a cervical radiculopathy disability.
Despite being given a doctor's clearance to return to unrestricted duty, Customs allegedly told him he would only be reinstated if he signed a waiver releasing the agency from any liability if he suffered an injury. Customs also implemented a policy requiring its officers to disclose their personal and medical status to the agency and failure to do so would result in disciplinary action.
The agency later made him give up his duty weapon after he went on medical leave for stress and headaches. During an in chambers pre trial conference, his attorney Daniel Somerfleck requested a continuance of the case to further discuss the possibility of dismissing the case.
Another hearing will be held on October 7.