FLEMING v. DEPT. OF PUBLIC SAFETY

No. 85-2694.

837 F.2d 401 (1988)

Lawrence M. FLEMING, Plaintiff-Appellee, v. DEPARTMENT OF PUBLIC SAFETY, COMMONWEALTH of the NORTHERN MARIANA ISLANDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1988.

As Amended April 8, 1988.


Attorney(s) appearing for the Case

Douglas F. Cushnie, Saipan, Com. of the Northern Mariana Islands, for plaintiff-appellee.

Patricia Gunzelman Beatley, Saipan, Com. of the Northern Mariana Islands, for defendant-appellant.

Charles Scott, Saipan, Com. of the Northern Mariana Islands, for amicus curiae Trust Territory of the Pacific Islands.

Before NELSON, REINHARDT and WIGGINS, Circuit Judges.


REINHARDT, Circuit Judge:

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...

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