Lawrence M. Fleming v. Department of Public Safety, Commonwealth of the Northern Mariana Islands

The Department of Public Safety of the Commonwealth of the Northern Mariana Islands (“Commonwealth” or “Northern Marianas”) appeals a jury verdict awarding $80,000 to Lawrence Fleming in a civil rights action under 42 U.S.C. § 1983 (1982). We agree with the district court that the Commonwealth does not enjoy eleventh amendment immunity from suits and can therefore be sued under section 1983. However, because we find that Fleming has suffered no cognizable injury, we conclude that appellant’s motion for judgment notwithstanding the verdict (“j.n.o.v.”) should have been granted.

I. Background

In January 1984, Fleming along with several others applied for the job of Police Officer I with the Department of Public Safety. Because there were approximately 16 vacancies at that time, and at least that many applicants, the Department set up four person Police Boards to interview applicants. These Boards recommended qualified candidates to the Director of the Department, who further reviewed applications. The Personnel Office conducted whatever further review that was warranted.

On January 18, 1984, Fleming interviewed with the Department for employment as a police officer. While his…