Ramsey v. Muna, No. 15-16309 (9th Cir. 2017)Annotate this Case
Plaintiff is a doctor who used to work at the public hospital on Saipan. Plaintiff filed suit against the Commonwealth of the Northern Mariana Islands and one of its agencies, alleging that the Commonwealth and the public corporation that runs the hospital, wrongfully denied him privileges at the hospital. The district court, pursuant to Fleming v. Department of Public Safety, denied defendants' motion to dismiss the contract and tort claims on the basis of sovereign immunity. In Fleming, the court held that the Commonwealth does not enjoy sovereign immunity in federal court with respect to claims brought under federal law. The court held that Fleming does not control the outcome of this case where Fleming held only that the Commonwealth waived its sovereign immunity with respect to suits in federal court arising under federal law. The court agreed with the suggestion in Fleming that the Commonwealth retained its sovereign immunity with respect to claims arising under Commonwealth law. Therefore, the court held that the Commonwealth may not be sued without its consent on claims arising under its own laws. The court reversed and remanded for the district court to grant defendants' motion to dismiss the claims at issue.