CHIEF Judge Ramona V. Manglona of the District Court for the NMI on Friday dismissed without prejudice the lawsuit of Division of Customs and Bio-Security Director Jose C. Mafnas against former Finance Secretary David DLG Atalig, and former governor’s Chief of Staff Wil Castro.
“Without prejudice” means the lawsuit can be refiled.
Judge Manglona also ordered Mafnas to file his first amended complaint within 14 days of the issuance of the order.
In addition, the judge granted in part and denied in part the defendants’ motion to dismiss.
In July 2022, Mafnas sued Atalig, Castro and the CNMI government to prevent them from removing Mafnas from his position as Customs director, “or to otherwise reinstate [him] pending a decision on the merits” of his complaint.
Mafnas also sought 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.”
Represented by attorney Charity Hodson, Mafnas likewise requested the court to issue a temporary restraining order and preliminary injunction against the defendants.
On Aug. 15, 2022, Judge Manglona issued a preliminary injunction in favor of Mafnas “to preserve the status quo based on the parties’ stipulation.”
In her order on March 3, 2023, Judge Manglona denied the CNMI Office of the Attorney General’s motion for substitution based on substitution and sovereign immunity.
But Judge Manglona granted the defendants’ motion to dismiss as to Mafnas’s 42 U.S.C. § 1983 claim for a procedural due process violation because the plaintiff did not identify the legal basis for his protected property interest or adequately plead a deprivation of that property interest.
She also granted the CNMI government’s motion as to Mafnas’s 42 U.S.C. § 1983 claim premised on retaliation, because the plaintiff has failed to adequately plead an adverse employment action or causation.
Moreover, Judge Manglona granted Castro’s motion to dismiss regarding the political coercion claim because the plaintiff did not sufficiently allege a demotion.
In his lawsuit, Mafnas, a civil service employee, said he was transferred to a non-existent position in the Department of Commerce because he was supporting the independent gubernatorial candidacy of then-Lt. Gov. Arnold I. Palacios.
Palacios won the election.
Jose Mafnas
