Defense wants Mafnas’ suit vs DOF chief dismissed

The defense in the lawsuit filed by Division of Customs and Biosecurity director Jose Mafnas is seeking dismissal of the complaint against Department of Finance Secretary David Atalig for failure to state a claim for relief. 

Matthew Gregory, who represents Atalig in his personal capacity, has moved the District Court for the NMI to dismiss, with prejudice, Mafnas’ lawsuit against his client for failing to state a claim upon which relief can be granted.

Dismissal with prejudice means the lawsuit cannot be refiled. 

In addition, Gregory also wants the court to dismiss all causes of actions alleged by Mafnas that he claims was a violation of his constitutional right.

Gregory argues that his client’s conduct did not violate clearly established rights because the transfer was legal under CNMI law. 

“Atalig was reasonable in his assumption that he was not violating any clearly established right. Therefore, he is entitled to qualified immunity. The allegation of retaliation and a conspiracy between defendants, without any factual content to bolster it, does nothing to enhance the plausibility of plaintiff’s claims against defendants,” he said. 

The lawyer said the next step would be to evaluate the plaintiff’s specific factual allegations to determine whether the court can reasonably infer a First Amendment violation from those facts.

 “Plaintiff raises two separate conclusory factual allegations in support of his claims. He alleges that Atalig reassigned him due to political animus, and secondly, that Atalig caused him to lose his right to continued employment as a civil service employee. Mafnas has pleaded no facts to show that the protected activity was a substantial or motivating factor in the defendant’s conduct,” Gregory argued. 

Gregory also requested the court to have the CNMI government substitute Atalig as defendant in the lawsuit because the complaint alleged violations of state law, and due to the Commonwealth’s certification that Atalig was acting within the scope of his employment.

Mafnas filed his complaint in the District Court for the NMI in July 2022 and named as defendants Wil Castro, in his personal capacity and in his official capacity as the governor’s chief of staff; Atalig in his personal capacity and in his official capacity as secretary of Finance; and the CNMI government.

Mafnas, who is represented by attorney Charity Hodson, asked the federal court to prevent Atalig from removing Mafnas from his position as Customs director or to reinstate him pending a decision on the merits of his complaint.

Mafnas also took out a temporary restraining order and preliminary injunction against the defendants.

Chief Judge Ramona V. Manglona granted the TRO on Aug. 2, which expired on Aug. 16.

However, before the expiration of the TRO, on Aug. 15, Manglona granted the parties’ stipulation to issue a preliminary injunction indefinitely prohibiting Mafnas’ reassignment pending judgment.