In its motion, Assistant Attorney General Gilbert J. Birnbrich said the federal court must retry the case because “the court’s conduct of the trial prejudiced its defense of [Peter-Palican’s] claims.”
The AGO is also asking the federal court to amend its findings and conclusions of law and clarify its judgment regarding Peter-Palican’s claims for breach of contract, promissory estoppel, and claim for violation of the First Amendment.
The commonwealth is also asking the federal court to reverse its conclusions of law and judgment and dismiss Peter-Palican’s claim for violation of her due process rights.
The court must reverse its conclusions of law and judgment permitting Peter-Palican to recover damages against the commonwealth on the theory that the CNMI Constitution supports an implied constitutional tort, the AGO stated in its motion.
“In the event that the court does not dismiss [Peter-Palican’s]…claim for violation of her rights to procedural due process, [the CNMI] moves the court to substitute back pay in lieu of reinstatement,” the commonwealth stated in its motion.
Last June, the federal court entered a judgment requiring the CNMI government to pay Peter-Palican over $245,000 representing her back wages and certain benefits lost, and attorney’s fees and costs.
In addition to paying monetary judgment, the court ordered the commonwealth to appoint or hire Peter-Palican within 30 days of its judgment to a commonwealth government position at a salary equal to or greater than what she had as special assistant for women’s affairs.
The Fitial administration fired Peter-Palican, an appointee of the previous governor, after it assumed office in 2006.
