Ngiraingas v. Sanchez

849 F.2d 372, 1988 WL 56423
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 7, 1988
DocketNo. 86-2840
StatusPublished
Cited by8 cases

This text of 849 F.2d 372 (Ngiraingas v. Sanchez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ngiraingas v. Sanchez, 849 F.2d 372, 1988 WL 56423 (9th Cir. 1988).

Opinion

KOZINSKI, Circuit Judge:

We consider whether the district court properly dismissed appellants’ federal civil rights claims against the Government of Guam, the Guam Police Department, the Director of the Department of Public Safety, and several Guam police officers acting in their individual and official capacities.

Pacts

On March 31, 1983, appellants were picked up by Guam police on suspicion of having committed certain narcotics offenses. They were taken to police headquarters in Agana where the defendant police officers allegedly “harassed, threatened, intimidated and beat[]” them, and forced them to write and sign a statement confessing to the narcotics crimes. Appellants filed several claims alleging numerous constitutional violations and seeking damages under 42 U.S.C. §§ 1981, 1983, 1985 and 1986 (1982). On October 30,1986, the district court dismissed all of the federal and pendent territorial law claims. Ngiraingas v. Sanchez, No. 85-0064 (D.Guam Oct. 30, 1986) (“Mem. Order”). It dismissed the claims against the government of Guam on the ground that Guam was immune from suit under Guam’s organic act, 48 U.S.C. § 1421a (1982). Mem. Order at 3-4. The court dismissed the claims against the defendants in their official capacities on the ground that the suit against these officials was, insofar as “the relief sought would affect the public treasury,” a suit against the government and thus barred by sovereign immunity. Id. at 4-5 (citing Demery v. Kupperman, 735 F.2d 1139 (9th Cir.1984), cert. denied sub nom. Rowland v. Demery, 469 U.S. 1127, 105 S.Ct. 810, 83 L.Ed.2d 803 (1985)). Finally, [374]*374it dismissed the claims against the officials in their individual capacities as time-barred. Mem. Order at 5-8.

Discussion

Appellants raise a number of civil rights claims, principally grounded in 42 U.S.C. § 1983 which, inter alia, proscribes the deprivation of constitutional rights by persons acting under color of territorial law. In addition to denying many of the factual allegations on which appellants’ claims rest, the government of Guam denies that it may ever be held liable under section 1983, arguing, first, that it is not a “person” within the meaning of the statute and, second, that Guam is shielded from liability by 48 U.S.C. § 1421a. The individual defendants also claim immunity for actions taken in their official capacities. Several of the individual defendants argue that appellants’ claims against them in their individual capacities are barred by the relevant statute of limitations. We consider each of these arguments in turn.

I. Guam’s Amenability to Suit Under Section 1983

A. Section 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

42 U.S.C. § 1983 (emphasis added). The term “person” has long been interpreted to include “legal as well as natural persons.” Monell v. Department of Social Servs., 436 U.S. 658, 683, 98 S.Ct. 2018, 2032, 56 L.Ed.2d 611 (1978); cf. Louisville, C. & C.R.R. v. Letson, 43 U.S. (2 How.) 497, 558, 11 L.Ed. 353 (1844) (“a corporation created by and doing business in a particular state, is to be deemed for all intents and purposes as a person ...”). But precisely which legal persons are included within section 1983’s scope has been the subject of much disagreement. See generally Note, Developments in the Law — Section 1983 and Federalism, 90 Harv.L.Rev. 1133, 1191-97 (1977) (describing case law).

Monell held that local governments are “persons,” reasoning that “there is no justification for excluding municipalities from the ‘persons’ covered by [section 1983].” 436 U.S. at 701, 98 S.Ct. at 2041. While the Court quoted portions of the legislative history suggesting that the members of the 42d Congress intended to include all “bodies politic” within the definition of person in section 1983, id. at 688, 98 S.Ct. at 2034 (quoting Act of Feb. 25, 1871, § 2, 16 Stat. 431), the Court did not reach the question of whether states, territories or other entities are persons under the statute. Accordingly, Monell stands only for the narrow proposition that municipalities and other local government units are persons for purposes of section 1983. See City of St. Louis v. Praprotnik, — U.S. -, 108 S.Ct. 915, 922-23, 99 L.Ed.2d 107 (1988); City of Oklahoma v. Tuttle, 471 U.S. 808, 817-18, 105 S.Ct. 2427, 2433-34, 85 L.Ed.2d 791 (1985). The relevant question after Monell is not whether an entity is among those bodies politic intended to be included in the Act, for the legislative history is, in that regard, inconclusive, see Note, 90 Harv.L.Rev. at 1192 (“the debates involved no explicit discussion of the definition of the word ‘person’ ”), but rather whether “there is ... justification for excluding [the entity] from the ‘persons’ covered by [section 1983].” 436 U.S. at 701, 98 S.Ct. at 2041. With this in mind, we turn our attention to Guam.

B. Guam is an unincorporated territory whose status is governed by the Organic Act of Guam (1950), 48 U.S.C.A. §§ 1421-1428e (1987). It “enjoyfs] only such powers as may be delegated to it by Congress in the Organic Act....” Sakamoto v. Duty Free Shoppers, Ltd., 764 F.2d 1285, 1286 (9th Cir.1985), cert. denied, 475 U.S. 1081, 106 S.Ct. 1457, 89 L.Ed.2d 715 (1986); see also Leibowitz, The Applicability of Federal Law to Guam, 16 Va.J. [375]*375Int’l L. 21, 34 (1975) (“Guam has no power to act in the absence of a specific authorization from Congress”). As such, it “is in essence an instrumentality of the federal government,” id., much like a federal department or administrative agency. See United States v. Wheeler, 435 U.S. 313, 320-21, 98 S.Ct. 1079, 1084-85, 55 L.Ed.2d 303 (1978). Like an agency, it may administer its own affairs; it may draft laws of general applicability, select personnel, exact penalties and even create an entire infrastructure of government.

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Ngiraingas v. Sanchez
849 F.2d 372 (Ninth Circuit, 1988)

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849 F.2d 372, 1988 WL 56423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ngiraingas-v-sanchez-ca9-1988.