By Bryan Manabat
bryan@mvariety.com
Variety News Staff
THE District Court for the Northern Mariana Islands has dismissed with prejudice a civil rights lawsuit filed by Zaji O. Zajradhara against Marianas Variety, its president Amier Younis, and this reporter.
In a second screening order issued Dec. 17, Chief Judge Ramona V. Manglona denied Zajradhara’s motion to recuse her from the case, ruling that his claims of judicial bias were unsupported. The court also rejected his federal civil rights claim under 42 U.S.C. § 1983, finding that the defendants were private actors and therefore not subject to constitutional liability.
A civil rights claim under 42 U.S.C. § 1983 allows individuals to seek damages or other relief when their constitutional or federal rights are violated by someone acting “under color of state law.” It is the primary legal mechanism for holding state or local government officials accountable for misuse of authority.
Zajradhara alleged that the newspaper and its staff engaged in a “malicious campaign” of false and defamatory articles designed to silence his advocacy and damage his reputation. He claimed the publications were coordinated with the United Filipino Organization to retaliate against him for criticizing CNMI government policies. According to court filings, he said he sent cease-and-desist notices to the defendants, but that they continued publishing, which he argued was a calculated effort to shape public perception against him.
His amended complaint listed three causes of action:
1) Defamation per se under CNMI common law;
2) Intentional infliction of emotional distress; and
3) A civil rights claim under § 1983, alleging the defendants acted “under color of state law or in concert with state actors” to retaliate against his First Amendment activity.
Zajradhara sought an injunction and $100 million in compensatory damages for reputational harm, lost employment opportunities, and emotional distress, as well as punitive damages and attorneys’ fees.
The court dismissed the federal claims with prejudice, meaning they cannot be refiled. The state law claims were dismissed without prejudice, but the court declined to grant leave for further amendment, citing a lack of diversity jurisdiction. Judge Manglona also denied as moot Zajradhara’s motion for a status update and expedited handling. Her 22-page ruling directed the clerk of court to close the case.
Zajradhara has previously filed multiple lawsuits in recent years challenging government agencies and local institutions.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
