WILLIAM M. Castro, the governor’s chief of staff, has asked the federal court to dismiss the complaint against him by Customs Director Jose Mafnas for failing to state a claim upon which relief can be granted.
Mafnas has sued Castro and Finance Secretary David DLG Atalig who transferred Mafnas to another position in the Department of Commerce.
According to Castro’s lawyer, Colin Thompson, “Plaintiff has failed to state a claim under the First Amendment rights as to Mr. Castro because there are no allegations that Mr. Castro has any authority over plaintiff to effectuate the employment reassignment forming the basis of all of plaintiff’s claims.”
Thompson said Mafnas’ “civil claim for political coercion does not allege any direct threats made by Mr. Castro and accordingly fails to state a claim upon which relief may be granted,” Thompson added.
He said Mafnas “alleges no facts to suggest Mr. Castro is within the ‘chain of command’ to effectuate an employment reassignment of Mr. Mafnas.”
“Recognizing, perhaps, that Mr. Castro, in his role as Chief of Staff for the Office of the Governor, has no actual authority to make decisions regarding Mr. Mafnas’ work assignment, plaintiff resorts to vague and spurious allegations in an effort to link Mr. Castro to the administrative decision made by [Finance Secretary David DLG] Atalig to reassign Mr. Mafnas,” Thompson added.
“The complaint then references three text messages allegedly written by Mr. Castro to plaintiff’s niece, Rowena Ogo, and one text message allegedly written by Mr. Castro to plaintiff. The context of these communications urged by plaintiff suggests a dispute between plaintiff and Mr. Castro surrounding support or lack thereof of the ‘vision’ of Governor [Ralph DLG] Torres,” Thompson said.
Moreover, Mafnas “alleges [that] some arguably inappropriate text messages were sent by Mr. Castro allegedly referring to plaintiff and allegedly regarding Mr. Castro’s disappointment with plaintiff’s lack of support for the Governor’s vision.”
However, Thompson added, “notably lacking are any facts to show alleged direct personal participation, authority, or influence by Mr. Castro to effectuate his reassignment.”
Thompson said his client made no direct threats to Mafnas.
“The only statement allegedly made by Mr. Castro to plaintiff was the following text message:
“Director, I’ve been a winner and a loser.
“But I’ve never lost a civil service battle.
“U want to see me along?
“At work?
“Any which way.
“I prefer me and you like men not like bureaucrats or political persons
“Thus far we have a great relationship.
“I have a long road in front of me.
“Here and on Guam.
“Look forward when ur ready after Wednesday
“I’ll make myself available
“Esta have a safe evening BIBA Marianas.”
Examining this message, Thompson said, “one must struggle to find any threat, much less a threat to demote in rank, classification, or position, a threat to decrease pay/benefits, or a threat to reduce tenure of employment.”
“If anything,” he added, “the message conveys a willingness on the part of Mr. Castro to meet with Mr. Mafnas to work out any disagreements they might have ‘like men.’ The mere mention of having never lost a civil service battle cannot amount to a threat of employment sanction or demotion, particularly when coming from someone out of Mr. Mafnas’ chain of command.”
Represented by attorney Charity Hodson, Mafnas in July 2022 filed a complaint in the District Court for the NMI and named as defendants William M. Castro, in his personal capacity and in his official capacity as the governor’s chief of staff; David DLG Atalig, in his personal capacity and in his official capacity as secretary of Finance; and the CNMI government.
Mafnas asked the federal court to, among other things, prevent Atalig from removing Mafnas from his position as Customs director “or to otherwise reinstate [him] pending a decision on the merits” of his complaint.
Mafnas is also seeking reasonable attorney’s fees and costs, compensatory damages, punitive damages, damages in an amount to be determined according to proof, and for such other relief as the court believes justice requires.
Mafnas likewise requested the court to issue a temporary restraining order and preliminary injunction against the defendants.
Chief Judge Ramona V. Manglona issued a TRO on Aug. 2 with an expiration date of Aug. 16.
On Aug. 15, Judge Manglona issued a preliminary injunction in favor of Mafnas “to preserve the status quo based on the parties’ stipulation.”
Atalig, in his personal capacity and through attorney Matthew Gregory, has also requested the court to dismiss all causes of action by Mafnas that alleged violation of a constitutional right.
Gregory said his client’s conduct did not violate clearly established rights “because the transfer was legal under CNMI law.”
Judge Manglona scheduled a hearing for Oct. 6 at 9 a.m.
CNMI Attorney General Edward Manibusan, for his part, filed a “certification of scope of employment of David DLG Atalig and notice of substitution on Sept. 1.”
Judge Manglona construed the AG’s filing as a motion and ordered the parties to file an opposition or statement of non-opposition no later than 14 days from her order dated Sept. 12.
William Castro
