Previous Story
Mafnas’ complaint vs Castro dismissed
|
Posted on Mar 08 2023
The U.S. District Court for the NMI has granted former chief of staff to Gov. Ralph DLG Torres William Castro’s request to dismiss Custom’s director Jose Mafnas’ suit against him.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Castro’s request last Friday to dismiss the lawsuit of Division of Customs and Bio-Security director Mafnas against him and former Finance secretary David DLG Atalig.
The suit was dismissed without prejudice; Mafnas was given 14 days to amend his complaint.
In her order last March 3, Manglona granted Castro’s motion to dismiss regarding the political coercion claim because the plaintiff did not sufficiently allege a demotion.
Manglona also granted the defendants’ motion to dismiss as to Mafnas’ claim for a procedural due process violation because the plaintiff did not identify the legal basis for his protected property interest or adequately pleaded a deprivation of that property interest.
Jose Mafnas and William Castro
She also granted the CNMI government’s motion as to Mafnas’ claim of retaliation, because the plaintiff has failed to adequately plead an adverse employment action or causation.
Meanwhile, the court denied the CNMI Office of the Attorney General’s motion for substitution based on substitution and sovereign immunity.
Back 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 reinstate him pending a decision on the merits of his complaint.
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-lieutenant governor Arnold I. Palacios.
Mafnas, through attorney Charity Hodson, also requested the court to issue a temporary restraining order and preliminary injunction against the defendants.
In August 2022, Manglona issued a preliminary injunction in favor of Mafnas to preserve the status quo based on the parties’ stipulation.
Mafnas has since been reinstated pending decision on the merits of his case.
