Magana

Magana v. Northern Mariana Islands

Good Law
107 F.3d 1436·1997 WL 94078
United States Court of Appeals for the Ninth CircuitMarch 6, 1997No. 95-16120California6,043 words

Opinion

Lead Opinion

Aldisert, J.

Other substantial issues are presented in this appeal by Teofanie M. Magana from a judgment entered in favor of the Commonwealth of the Northern Mariana Islands (“Commonwealth” or “CNMI”) and two individual officials, but the major question for *-146 decision is whether a litigant has the right to bring an action for money damages against the Commonwealth directly under the Fourteenth Amendment without a congressionally created cause of action. The District Court of the Northern Mariana Islands determined that Appellant had no such right and she appeals.

Appellant filed claims against Isamu J. Abraham, Secretary of the Department of Public Health and Environmental Services, and Jose Chong, the department’s director, under statutorily created remedies for violations of the U.S. Constitution, federal and Commonwealth labor laws and federal civil rights acts. In addition to suing these individuals, she sued the Commonwealth directly under the Fourteenth Amendment. The dispute concerns an employment relationship between Magana and the Commonwealth, which formerly employed her at a government-operated health center. Appellant claims the Commonwealth failed to pay correct…

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