Peter-Palican v. CNMI

Plaintiff filed suit under 42 U.S.C. 1983 against the Commonwealth after she was terminated from her position as Special Assistant to the Governor for Women's Affairs. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of the Commonwealth on her retaliation, breach of contract, and estoppel claims. The court concluded that the district court properly granted summary judgment on plaintiff's retaliation claim where she failed to raise a triable dispute as to whether she did not hold a policymaking or confidential position; properly granted summary judgment on the breach of contract claim where it was undisputed that plaintiff held her position by virtue of appointment rather than by contract; and properly granted summary judgment on the estoppel claim where she failed to raise a triable dispute as to whether government officials engaged in any affirmative misconduct going beyond mere negligence as required for equitable estoppel, and where she failed to raise a triable dispute as to whether the Commonwealth gained an advantage by asserting one position and then later sought an advantage by taking a clearly inconsistent position as required by judicial estoppel. Accordingly, the court affirmed the judgment of the district court. The court denied the Commonwealth's request for sanctions. View "Peter-Palican v. CNMI" on Justia Law