FORMER Customs Director Jose C. Mafnas has filed a complaint in the District Court for the NMI on Wednesday 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.
Represented by attorney Charity Hodson, Mafnas is asking 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 also requested the court to issue a temporary restraining order and preliminary injunction against the defendants.
“The actions of the defendants in blatantly violating the U.S. and CNMI Constitutions, as well as other CNMI law and regulations, cannot be tolerated,” the complaint stated.
“Our democracy ensures that every person has the right and freedom of thought and to possess a political opinion without oppression and reprisal from the very government that should be protecting these precious freedoms. The actions of the Government in this case send a ringing message of repression and retaliation to others similarly situated to plaintiff who assert the rights guaranteed to them by our Constitution. Plaintiff respectfully asks that a message instead be sent by this court that the laws of our Commonwealth and the rights set forth in the U.S. and NMI Constitutions will be respected, upheld, and enforced. Plaintiff asks that this court send a message that public employees willing to blow the whistle will find immediate relief.”
On July 21, 2022, the secretary of Finance informed Mafnas, a civil service employee, that he was being transferred to the Department of Commerce, as the new director of export, importation and public outreach, effective the following day.
According to Mafnas’ complaint, the position is not a designated position under the civil service.
He filed a civil lawsuit in Superior Court on July 24, 2022 but voluntarily dismissed it without prejudice three days later.
On the same day, his lawyer filed the complaint in federal court and included Castro among the defendants.
Mafnas is a supporter of the independent gubernatorial ticket of Lt. Gov. Arnold I. Palacios and his running mate, Saipan Mayor David M. Apatang.
The United States Courthouse in Gualo Rai, Saipan.
Jose C. Mafnas
