ZAJI Obatala Zajradhara’s latest lawsuit was dismissed by Chief Judge Ramona V. Manglona of the District Court for the NMI on Friday.
Zajradhara has sued CNMI Department of Labor Secretary Vicky I. Benavente over the non-payment of his Pandemic Unemployment Assistance benefits.
Judge Manglona dismissed Zajradhara’s complaint for lack of subject jurisdiction but allowed him to amend his lawsuit by Sept. 13.
Failing that, the federal court will dismiss the complaint with prejudice and will close the case, the judge said.
She also noted that the plaintiff “has a potentially viable claim related to the denial of his benefits on retaliation grounds. However, the court cannot ascertain which theory or law plaintiff is relying on, such that the court cannot determine whether plaintiff’s action arises under the Constitution, laws, or treaties of the United States.”
Zajradhara, who represented himself, is alleging pain and suffering, public humiliation, retaliation, constructive denial, violation of public policy and intentional infliction of emotional distress and mental anguish.
He asked the court to issue an order instructing CNMI DOL to pay him $7,380.
“I have already been adjudicated as a beneficiary of the federal Pandemic Unemployment Assistance…benefits. The DOL has purposely not paid my PUA benefits in quite some time even after repeated phone calls/emails,” said Zajradhara.
He accused Secretary Benavente of retaliating against him because he requested a full audit of CNMI DOL.
Zajradhara requested the District Court for the NMI to issue an order instructing CNMI DOL to pay him the lump sum he said he is owed.
He also requested an award of damages.
He said he had been locked out of his PUA online account since Feb. 6, 2021.
According to Judge Manglona’s order, Zajradhara invoked the court’s federal question jurisdiction under 42 U.S.C. § 2000e-16b and 9 C.F.R. § 201.217.
“Unfortunately, plaintiff’s alleged facts relating to the failure to receive a federal benefit is wholly unrelated to 42 U.S.C. § 2000e-16b, which prohibits employment discrimination of presidential appointees or state employees on the bases of race, color, religion, sex, national origin, age, or disability. Plaintiff’s mere reference to 42 U.S.C. § 2000e-16b without any related factual allegations in support is insufficient to create a federal cause of action,” the judge said.
As to plaintiff’s reference to 9 C.F.R. § 201.217, Judge Manglona said, “federal regulation is also wholly unrelated, as it establishes the various criteria that the United States Secretary of Agriculture could consider in establishing ‘whether a packer, swine contractor or live poultry dealer has provided a poultry grower or swine production contract grower a reasonable period of time to remedy a breach of contract.’ Plaintiff’s mere reference to a federal regulation fails to convert its action to one arising under federal law or the Constitution.”
But the judge granted Zajradhara’s request to waive the filing of court fees in connection with his complaint.
Zajradhara has filed many labor cases against businesses in the CNMI. Majority of his complaints allege a violation of the U.S. citizen and/or CNMI resident preference law.
Zaji Zajradhara
