Justia Alaska Supreme Court Opinion Summaries
Kennedy et al. v. Anchorage Police & Fire Retirement System et al.
Two police officers retired from the Anchorage Police Department (APD) due to discrimination and retaliation. Years later, a jury found that they had been constructively discharged and awarded them lost past wages and benefits. The officers requested that the Anchorage Police and Fire Retirement System (APFRS) increase their retirement benefits based on the award of lost wages. When the APFRS Board denied their request, they appealed to the superior court. The superior court affirmed the Board’s decision and awarded it attorney’s fees. The officers appealed the court’s decision denying them an increase in retirement benefits, arguing that the Anchorage Municipal Code required a recalculation of benefits. They also appealed the attorney’s fee award as unreasonably high. Because the Anchorage Municipal Code did not permit the requested increase in retirement benefits, the Alaska Supreme Court affirmed the superior court’s order denying the officers’ administrative appeal. Because the superior court did not abuse its discretion when it awarded fees, the attorney’s fee award was also affirmed. View "Kennedy et al. v. Anchorage Police & Fire Retirement System et al." on Justia Law
Watson v. Alaska
A minor convicted of driving under the influence (DUI) argued that the statute that excluded misdemeanor traffic violations from juvenile court jurisdiction violated her right to equal protection under the Alaska Constitution. She argued that the mandatory jail sentence for first DUI offenders was unfairly different than the dispositions for other misdemeanors in the juvenile code. And she argued that it was unfair for felony DUI offenses to be charged in juvenile court when misdemeanor offenses were not. The Alaska Supreme Court concluded that because driving was an adult activity, the legislature could reasonably decide to treat misdemeanor traffic violations consistently to promote public safety while also reasonably choosing to protect juvenile offenders from the harsh collateral consequences of a felony conviction. The Court, therefore, concluded the statute was constitutional and affirmed the judgment of the district court. View "Watson v. Alaska" on Justia Law
Dickson v. Alaska Dept. of Natural Resources
The State of Alaska prevailed in a quiet title action brought against it by two landowners and was awarded approximately $205,000 in attorney’s fees pursuant to the Alaska Civil Rule 82(b)(2) schedule. In an earlier appeal the Alaska Supreme Court affirmed the superior court’s decision on the merits but determined that the court’s findings on attorney’s fees were inadequate for review. The case was remanded for the trial court’s express consideration of two factors relevant to whether a scheduled award should be reduced: Rule 82(b)(3)(I) and Rule 82(b)(3)(J). The superior court expressly considered these factors on remand, made additional findings to explain its reasoning, and affirmed its earlier award. The landowners again appealed. The Supreme Court concluded: the superior court did not err in its interpretation of factors (I) and (J); that it did not abuse its discretion by declining to rely on them to reduce the award; and that the award did not violate the landowners’ constitutional rights of due process and access to the courts. Furthermore, the Supreme Court concluded the superior court did not abuse its discretion when it declined to hold proceedings on remand in abeyance while the landowners evaluated the significance of an anonymous letter accusing the State and its attorneys of litigation misconduct. View "Dickson v. Alaska Dept. of Natural Resources" on Justia Law
Wendt v. Bank of New York Mellon Trust Company, N.A.
A homeowner sought to rescind a foreclosure sale, arguing the notices he received before the sale were deficient because they lacked information required under state and federal law. The notices were sent by a law firm acting on behalf of a bank, which by assignment was the beneficiary of the deed of trust. The superior court granted summary judgment to the bank, determining that the law firm’s communications on the bank’s behalf did not violate the federal Fair Debt Collection Practices Act (FDCPA), the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), or the state nonjudicial foreclosure statute, and that the homeowner was not entitled to relief. After review, the Alaska Supreme Court concurred with the superior court and affirmed its judgment. View "Wendt v. Bank of New York Mellon Trust Company, N.A." on Justia Law
Posted in:
Civil Procedure, Real Estate & Property Law
Espindola v. Peter Pan Seafoods, Inc.
A cannery worker reported two injuries: one to his back and one to his shoulder. He suffered these injuries at different times but while working for the same employer. The employer paid some medical benefits for both injuries but eventually challenged its obligation to provide further care. The Alaska Workers’ Compensation Board denied the worker’s claim for more medical benefits, and the Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decision. The worker appealed pro se. The Alaska Supreme Court concluded the Commission properly affirmed the Board’s decision as to the back injury, but that the Board’s findings as to the shoulder injury lacked adequate support in the record. The Commission’s decision was therefore reversed in part and remanded for further proceedings. View "Espindola v. Peter Pan Seafoods, Inc." on Justia Law
Christensen v. Seckin
An Alaskan superior court denied a father’s motion to modify a foreign court’s custody determination because it did not believe it had subject matter jurisdiction to modify the order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The father appealed, arguing the superior court erred when it held that it did not have jurisdiction. Because the superior court correctly determined that it lacked jurisdiction to modify the custody order, the Alaska Supreme Court affirmed. View "Christensen v. Seckin" on Justia Law
Posted in:
Civil Procedure, Family Law
In the Matter of the Necessity for the Hospitalization of Vern H.
In 2019, an attorney representing Vern H. in an unrelated matter petitioned the superior court for an order authorizing Vern’s hospitalization for a mental health evaluation. The attorney indicated that Vern said he needed to go to a behavioral health unit and threatened to hang himself. The attorney believed Vern was mentally ill and likely to cause harm to himself. After three days in jail, Vern contended he no longer met the criteria for involuntary detention, or should have been re-evaluated to determine whether continued detention was warranted, or if a less restrictive environment could have met his needs. This appeal raised two questions about involuntarily detaining an individual in jail pending transport to a hospital for a civil commitment mental health evaluation: (1) when transport is not immediately available and the individual requests a review hearing, what standard of proof applies to the individual’s continued detention; and (2) is the State required to show, by clear and convincing evidence, that jail is the least restrictive alternative available for the detention? The Alaska Supreme Court held that the probable cause standard applied to review hearings regarding an individual’s continued detention, and that the State must prove detention in jail is the least restrictive alternative available while an individual awaits transport to a hospital for evaluation. View "In the Matter of the Necessity for the Hospitalization of Vern H." on Justia Law
Posted in:
Constitutional Law
Republican Governors Association v. Alaska Public Offices Commission
A national political organization engaged an Alaska media consultant to reserve over $1 million worth of television advertising time prior to the 2018 gubernatorial primary race. The national organization did not register with the Alaska Public Office Commission, and did not report the reservations to the agency. The Commission concluded that this conduct violated a statute requiring all entities to register before making any “expenditures,” including promises or agreements to transfer something of value, to influence an election. The superior court affirmed the Commission’s decision on appeal. The national organization appealed to the Alaska Supreme Court, arguing that the Commission defined “expenditures” too broadly. The Supreme Court concluded the Commission reasonably interpreted the campaign finance statute to include agreements to purchase television advertising, even when these agreements were not legally binding. The Court therefore affirmed the superior court’s decision affirming the Commission’s order. View "Republican Governors Association v. Alaska Public Offices Commission" on Justia Law
Posted in:
Election Law, Government & Administrative Law
Alaska Department of Corrections v. Porche
After the Department of Corrections (DOC) investigated an allegation that a probation officer was providing special treatment in return for sexual favors and found it to be unsubstantiated, the probation officer sought the investigation records. DOC denied his request and the probation officer appealed to the superior court, which reversed the denial and ordered the records released because the allegation had not been substantiated. DOC appealed. The Alaska Supreme Court reversed the superior court’s order because the records were shielded from disclosure by the invasion of privacy exemption to the Public Records Act. View "Alaska Department of Corrections v. Porche" on Justia Law
Beistline v. Footit, and Banner Health Inc., D/B/A Fairbanks Memorial Hospital
A husband and wife sued medical care providers after the wife suffered a seizure, allegedly due to a doctor’s decision to abruptly discontinue her medication. The superior court granted summary judgment to the medical care providers, ruling that the couple’s only expert witness, a pharmacist, was unqualified to provide testimony about the matter at issue because he was not a doctor of internal medicine and was not board-certified in the doctor’s field or specialty. The couple appealed. After review, the Alaska Supreme Court concurred with the trial court that the pharmacist’s testimony was not sufficient to create a genuine issue of material fact about the relevant standard of care. The Court therefore affirmed the grant of summary judgment to the health care providers. View "Beistline v. Footit, and Banner Health Inc., D/B/A Fairbanks Memorial Hospital" on Justia Law