9 results for 'judge:"Manglona"'.
J. Manglona dismisses a case and finds the U.S. is not liable, for an incident where a man tripped and was injured while in a national park, due to the discretionary function exception. The exception holds decisions about the maintenance and operation of the park are subject to discretionary decisions by the park’s supervisors, rather than the government.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: February 26, 2024, Case #: 1:21cv37, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction, Premises Liability
J. Manglona finds that the holding company breached a contract with the contracting company after it failed to pay the contracting company for the removal and storage of construction equipment. The oral agreement for the storage was valid as the holding company did not make any action indicating it opposed its employee's authority to make such an agreement.
Court: USDC Northern Mariana Islands, Judge: Manglona , Filed On: September 18, 2023, Case #: 1:20cv6, NOS: Other Contract - Contract, Categories: Contract
J. Manglona finds an investment company owes $766,000 in unpaid rent, attorney fees and other costs to the lumber company. The investment company did not pay rents for over one year and the lumber company did not constructively evict it from the warehouse property as it was still allowed access onto the property.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 25, 2023, Case #: 1:21cv27, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Property, Attorney Fees
J. Manglona grants summary judgment and reconsideration to two police officers accused of violating the Fourth Amendment by allegedly blocking a man from leaving the premises using their cars and wrongfully arresting him. He did not show that the cars effectively prevented him from leaving; rather, he had walked off his property during a confrontation with the officers when they arrested him. The officers are also entitled to qualified immunity as the man did not show that they acted unconstitutionally or in a way beyond the scope of their positions as police officers.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 14, 2023, Case #: 1:22cv1, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
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J. Manglona finds that the trial court improperly dismissed charges against a man accused of sexually assaulting a coworker based on lack of probable cause. Testimony from the victim and forensic evidence demonstrated that the victim was indeed held down using force without her consent. “The court impermissibly elevated the burden of proof and discredited the prosecution’s witnesses, thereby going beyond the limited scope of a preliminary hearing.” Vacated.
Court: Northern Mariana Islands Supreme Court, Judge: Manglona, Filed On: June 1, 2023, Case #: 2022-SCC-21, Categories: Sex Offender, Assault
J. Manglona refuses to dismiss claims by the US that Guam did not properly credit leave periods to active military service members using donated leave, violating statutes regulating service credit and pension benefits. The Guam Government Retirement Fund is considered an employer under the statute and is subject to its obligations. The service members did not waive their rights under the statute by using a leave sharing program, and “no evidence exists on the face of pleadings demonstrating that defendants reached out to the servicemembers informing them that their USERRA rights would be waived by using donated leave. Nor is it clear on the face of the pleading that the benefits of the servicemembers’ salaries under the leave sharing program outweigh the benefits of receiving pension compensation.”
Court: USDC Guam, Judge: Manglona, Filed On: May 30, 2023, Case #: 1:21cv22, NOS: Other Statutory Actions - Other Suits, Categories: Government, Pensions, Military