Emerenciana Peter-Palican v. Government of the Commonwealth

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EMERENCIANA PETER-PALICAN, 

Plaintiff-Appellee, v. GOVERNMENT OF THE No. 10-17153

COMMONWEALTH OF THE NORTHERN

MARIANA ISLANDS; BENIGNO R.  D.C. No. 1:07-cv-00022 FITIAL, Governor of the

OPINION

Commonwealth of the Northern Mariana Islands, in his official capacity, Defendants-Appellants.  Appeal from the United States District Court for the District of the Northern Mariana Islands John C. Coughenour, District Judge, Presiding

Argued February 16, 2012 Honolulu, Hawaii

Submission Deferred March 12, 2012 Resubmitted August 15, 2012

Filed August 22, 2012

Before: Alfred T. Goodwin, Stephen S. Trott, and Mary H. Murguia, Circuit Judges.

Opinion by Judge Trott Gilbert J. Birnbirch, Office of the Attorney General, Saipan, MP, for the defendants-appellants.

Douglas F. Cushnie, Saipan, MP, for the plaintiff-appellee.

OPINION

TROTT, Circuit Judge:

The Commonwealth of the Northern Mariana Islands and Governor Benigno R. Fitial (collectively, “the Common- wealth”) appeal the district court’s judgment in favor of plain- tiff Emerenciana Peter-Palican.…