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PSS, Barcinas settle guard’s lawsuit
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has dismissed a sexual harassment lawsuit filed by a security guard against Hopwood Junior High School principal Jonas Barcinas and the Public School System after the parties reached a confidential settlement agreement.
In an order on Thursday, Manglona vacated the jury trial set for June 16, 2014, and ordered that each party shall bear their own attorney’s fees and expenses.
Manglona closed the case but retained jurisdiction to enforce the settlement agreement.
Plaintiff Homayan Kabir, through counsel Joseph Horey, and PSS and Barcinas through respective counsels Adam Hardwicke and assistant attorney general David Lochabay, filed Thursday a stipulation to dismiss the lawsuit.
The lawyers informed the court that the parties have entered into a confidential settlement agreement resolving all claims and disputes.
In November 2013, Manglona granted the CNMI government’s motion to dismiss the assault and battery claim in Kabir’s complaint.
The judge said the motion seeks dismissal because the Commonwealth has sovereign immunity against such claim. Kabir did not oppose the motion.
In the motion to dismiss, Lochabay, counsel for Barcinas, stated that the Commonwealth has been substituted as the defendant in Kabir’s fourth claim, a state law claim of assault and battery.
Lochabay said as the Commonwealth is immune from suit for the assault and battery allegations contained in the fourth case of action in Kabir’s complaint, the claim must be dismissed.
Horey did not oppose the motion.
In his complaint filed in 2007, Kabir alleges that Barcinas, who was then principal at Dandan Elementary School during his employment, sexually harassed him by making repeated advances on him. Kabir said he was employed as a security guard at the school from April to October 2005 and again from July to October 2006.
Barcinas has denied the allegations.
