Lawrence M. Fleming v. Department of Public Safety, Commonwealth of the Northern Mariana Islands
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 suffered no cognizable injury, we conclude that appellant’s motion for judgment notwithstanding the verdict (“j.n.o.v.”) should have been…
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