Guam - Allegations have been raised that the Department of Mental Health and Substance Abuse has violated the amended permanent injunction. In a filing with the District Court, Attorney Daniel Somerfleck described how a chemical restraint was used without oversight by a psychiatrist or a physician and that a consumer's head was covered with a blanket during that time. According to Somerfleck, the use of the restraint was not documented.

According to the incident report, a female consumer in the adult inpatient unit had barricaded herself in the restroom and staff including two security guards went in to restrain her with a shot of medication and the woman was held down while someone covered her head with a blanket.

Mental Health director Wilfred Aflague signed off on the incident report and the recommendation that the report merely be a basis for future reference. Somerfleck expressed concerns and believes the current Federal Management Team and Aflague are incapable or unwilling to ensure the safety of consumers under their care.