Victor Babauta CASTRO, Plaintiff-Appellant, v. HOTEL NIKKO SAIPAN, INC., a C.N.M.I. Corporation, Defendant-Appellee

Victor Castro appeals from a decision of the Supreme Court of the Commonwealth of the Northern Mariana Islands (“CNMI”). Because Castro failed to raise a federal issue before the CNMI Supreme Court and the CNMI Supreme Court did not pass upon a federal issue, we dismiss the appeal for lack of jurisdiction.

I

In July 1991, Castro entered the Hotel Nikko to board the elevator to see the view from the top of the Hotel. A sign stated that access to the elevators was limited to hotel guests. A security guard attempted to stop Castro from boarding the elevator, a scuffle ensued, and Castro was struck in the head with a baton by one of several security guards, causing a bloody contusion.

Castro sued the Hotel in the CNMI Superior Court, contending that the security guards assaulted and battered him and that the Hotel was vicariously liable for the guards’ actions. The Hotel filed a motion for summary judgment, contending that the security guards were independent contractors rather than employees and therefore the Hotel was not liable for the security guards’ actions. The Superior Court granted summary judgment in favor of the Hotel, concluding as a matter of law that the security…