DEPARTMENT of Fire and Emergency Medical Services Commissioner Dennis Mendiola is now being sued by the nine terminated firefighters in his personal capacity.
The plaintiffs filed their first amended complaint in Superior Court on Tuesday.
They are alleging that their terminations violated the due process clause and the equal protection clause of the Commonwealth Constitution.
They are also alleging that their terminations violated the parallel clauses set forth in the Fourteenth Amendment to the United States Constitution, as applicable to the CNMI via the Covenant.
Represented by attorney Joseph Horey, the plaintiffs said Mendiola’s actions in terminating them were taken under color of CNMI law.
Moreover, they alleged, Mendiola’s actions “were taken willfully or in reckless disregard of plaintiffs’ lawful rights.”
Mendiola “is liable to plaintiffs pursuant to 42 U.S.C. § 1983 in an action for damages for violation of plaintiffs’ civil rights,” the amended complaint stated.
Judge Camacho has taken under advisement the earlier request of the nine terminated firefighters to be reinstated to their previous positions in DFEMS while a decision has not been made in their lawsuit against the department and its commissioner, Dennis Mendiola, in his official capacity.
Judge Camacho scheduled a status conference for July 21 at 10 a.m. “to discuss scheduling, and any other related matters that may need to be addressed in light of the amended complaint.”
The plaintiffs are Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek B. Gersonde, Shawn DLR. Kaipat, Philip M. Kalen and Adam J. Safer.
They were terminated for insubordination following their refusal to take the Covid-19 vaccine as required by CNMI Governor’s Directive 2021-002.
The plaintiffs want the court to issue an injunctive relief, reinstate them as firefighters with back pay and cost of the suit.
Assistant Attorney General Abby Novotny represents DFEMS and Mendiola in his official capacity.
Dennis Mendiola
