The judge said Randall’s argument that his substantive due process rights under the U.S. Constitution’s were violated is not true “because the attorneys general are entitled to qualified immunity with respect to plaintiff’s Fourteenth Amendment due process claims.”
With the judge’s decision, Randall can no longer pursue a case against the attorneys general in question.
But the judge dismissed without prejudice Randall’s complaint that his First Amendment rights and equal protection rights were violated.
This means his case claiming violations on such grounds can be reopened.
“Plaintiff’s claim for relief under Section 1983 of Title 42, United States Code for violation of his First Amendment rights is hereby dismissed without prejudice, for failure to state a claim under the pleading standards of Ascroft v. Iqbal….violation of his equal protection rights is hereby dismissed without prejudice, for failure to state a claim by failing to allege differential treatment from similarly situated individuals,” the judge ordered.
She gave Fennell until April 28 to file a first amended complaint.
In 2009, Fennell filed a case against Gregory, Baka, among other defendants, claiming they intentionally participated in a plot to obstruct justice and to frustrate and hinder his defense in a separate lawsuit filed in Superior Court in relation to Bank of Saipan.
The CNMI government, which had large deposits with Bank of Saipan, which used to be headed by Gov. Benigno R. Fitial, sued Fennll on various alleged acts he had taken in his capacity as temporary receiver for the bank.
Fennell was appointed receiver during the Babauta administration.
