Alaska 1983 Law
 

Duley Lyons v. Cindy Butts

Anchorage, Alaska personal injury lawyers represented the Plaintiff on a 42 U.S.C. 1983 civil rights violation claim.

The Plaintiff, Duley Lyons, was an inmate at Palmer Correctional Center (PCC) in Palmer, Alaska, who was released in 2008. The Defendant, Cindy Betts, was the Superintendent and Head Warden of Palmer Correctional Center (PCC) during the time Plaintiff was housed there and ... More...
   $0 (05-27-2025 - AK)

Kyle Eyre v. City of Fairbanks, et al.


Fairbanks, Alaska 1983 civil rights excessive force lawyer represented the Plaintiff.




Eyre's estate argues that the officers failed to warn Eyre that they might employ deadly force and failed to use less intrusive alternatives. Those factors are relevant in assessing the reasonableness of deadly force, see S.R. Nehad v. Browder, 929 F.3d 1125, 1137-39 (9th Cir. 201... More...
   $0 (08-19-2024 - AK)

The Estate of Bishar Ali Hassan v. Municipality and City of Anchorage, et al.

Anchorage, Alaska civil rights lawyer represented Plaintiff who sued Defendants on excessive force wrongful death theories under 42 U.S.C. 1983.


Plaintiffs brought this suit pursuant to 42 U.S.C. §§ 1983, 1985, and 1986 seeking redress for alleged violations of Plaintiffs' federal constitutional rights guaranteed by the Fourth, Fifth, and Fourteenth Amendments.[51] The Court has ju... More...
   $0 (05-09-2023 - AK)

Mechele K. Linehan v. State of Alaska

"The judge in a criminal jury trial plays a variety of important roles, including:

Presiding over the trial: The judge is responsible for maintaining order in the courtroom and ensuring that the trial proceeds fairly. This includes making rulings on evidentiary objections, instructing the jury on the law, and ensuring that both the prosecution and defense have a fair opportunity to pr... More...
   $0 (02-05-2020 - AK)

State of Alaska v. John T. Carlin, III

Anchorage, Alaska criminal law lawyers represented Defendant changed with first-degree murder.

        We consolidated these two cases to resolve the following question: What is the effect of the death of a criminal defendant while an appeal is pending? John Carlin III was convicted of first-degree murder. He appealed his conviction to the court of appeals and died before the open... More...
   $0 (03-25-2011 - AK)

Leonard A. Lawson, Jr. v. Jeffery Gregg, Monique Doll, Nathaniel Clementson, Michael Dahlstrom, Richard F. Youngblood

Leonard A. Lawson, Jr. sued Jeffery Gregg, Monique Doll, Nathaniel Clementson, Michael Dahlstrom, Richard F. Youngblood on civil rights violation theories under 42 U.S.C. 1983.... More...    $0 (11-18-2019 - AK)

David Thompson v. Heather Hebdon

We must decide whether an Alaska law regulating campaign contributions violates the First Amendment. At issue are Alaskas limit on contributions made by individuals to candidates, its limit on contributions made by individuals to election-related groups, its limit on political party-to-candidate contributions, and its limit on the total funds a candidate may receive from out-of-state residents. T... More...    $0 (11-29-2018 - AK)

Laur B. v. Wade B.

Third Judicial District Courthosue - Anchorage, Alaska

A father requested primary physical custody of his daughter, modifying the previous shared custody arrangement. The mother opposed the change, arguing there had not been a substantial change in circumstances. The superior court ordered a limited custody investigation to resolve a factual dispute related to the change in circumstances, promising a second hearing on the daughters best interests. Bu... More...    $0 (07-15-2018 - AK)

UNITED STATES OF AMERICA v. JAMES MICHAEL WELLS

United States Court of Appeals for the Ninth Circuit

Wells convictions arise out of the deaths of Richard W. Belisle and James A. Hopkins, federal employees and Wells co-workers at the United States Coast Guard (USCG) antenna maintenance facility, located at the USCG Communication Station (COMMSTA) on Kodiak Island, Alaska. COMMSTA consists of two main buildings: a large operations center, known as T1; and the antenna maintenance facility, or ... More...    $0 (12-21-2017 - AK)

United States of America v. James Michael Wells

District of Alaska Federal Courthouse - Anchorage, Alaska

Defendant-Appellant James Michael Wells (Wells) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. 924 (c), (j). Wells was se... More...    $0 (12-20-2017 - AK)

John Sturgeon v. Herbert Frost

District of Alaska Federal Courthouse - Anchorage, Alaska

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that;1 the federal government is not. Sturgeons case turns on which entitystate or federalgets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on th... More...    $0 (10-02-2017 - AK)

Frank Byron Yarra, Jr. v. City of Fairbanks, et al.

Fairbanks, AK - Frank Byron Yarra, Jr. sued the City of Fairbanks, Fairbanks Police Department, Z. Sherman and Robert Johnson on civil rights violation theories under 42 U.S.C. 1983.... More...    $0 (01-08-2015 - AK)

USA V. SABIL MUJAHID

On March 5, 2009, Sabil Mumin Mujahid was arrested in Anchorage, Alaska after officers found a firearm in the trunk of a car he had driven to the Nesbett Courthouse for a bail hearing on a pending state drug charge. Mujahid was taken to the Anchorage Correctional Complex, which provides
UNITED STATES V. MUJAHID4 housing for state prisoners as well as federal prisoners pursuant to a contract w... More...
   $0 (08-30-2015 - AK)

Nunamta Aulukestal v. State of Alaska

Challenged in this case are land and water use permits allowing intensive
mineral exploration on State land. The main question we address is whether the
Department of Natural Resources (DNR) had to give public notice before issuing the
permits. Because the Alaska Constitution requires public notice when interests in land
are transferred, the answer to this question depends on wheth... More...
   $0 (05-29-2015 - AK)

United States of America v. Anthony Gadson

Anthony Gadson and Willie Wilson appeal their
convictions for conspiracy to distribute more than 500 grams
of cocaine, possession with intent to distribute controlled
substances, and possession of firearms in furtherance of their
conspiracy and possession of controlled substances. Wilson
also appeals his conviction for retaliation against a witness.
On appeal, they challeng... More...
   $0 (08-19-2014 - AK)

Keven Windel v. Mat-Se Title Insurance Agency, Inc.

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot eas... More...    $0 (11-30--0001 - AK)

State of Alaska v. Richard Corum

State of Alaska charged Richard Corum with conspiracy to distribute illegal drugs, Oxycontin, from 2007 to 2011 netting millions to the conspirators.

Alaska Law:

Sec. 11.31.120. Conspiracy. (a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause th... More...
   $0 (07-04-2013 - AK)

Susan Taylor v. Wells Fargo Home Mortgage

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi... More...
   $0 (05-17-2013 - AK)

Thomas Titus v. State of Alaska

A motorcyclist was involved in a single-vehicle accident resulting in a cut
on his head and minor damage to his motorcycle. The accident involved no other
drivers, vehicles, or property. Because the motorcycle was not insured at the time of the accident, the State of Alaska, Department of Administration, Division of Motor Vehicles (DMV) suspended the driver’s license. The motorcyclist ap... More...
   $0 (04-12-2013 - AK)

Cherry Dietzmann v. Homer Alaska

Cherry Dietzmann sued the City of Homer, Alaska on a civil rights violation theory under 42 U.S.C. 1983 claiming that her son was shot and suffered permanent severe brain damage during a shootout between the boy's father and law enforcement officers at the Homer, Alaska airport.

The defendants denied that they shot the boy and claimed that his father shot him and then shot himself.
More...
   $3500000 (03-08-2013 - AK)

William Carlo Jachetta v. United States of America

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...    $0 (08-01-2011 - AK)

Leta Trask v. Katchikan Gateway Borough

Leta Trask painted a religious message on her roof. Ketchikan Gateway Borough filed a complaint seeking to enjoin Trask from displaying the message, arguing that the message violated a borough ordinance prohibiting roof signs. Trask counterclaimed for relief under 42 U.S.C. § 1983, arguing that the Borough’s enforcement of the ordinance violated her right to free speech. The superior court conc... More...    $0 (06-17-2011 - AK)

Sonja Alvarez v. State of Alaska, Department of Administration, Division of Motor Vehicles

A driver appeals the 90-day suspension of her driver’s license two and a half years after her arrest for drunk driving. The delay was almost entirely due to the fact that the officer who arrested her was deployed to Iraq with the military shortly after her arrest, and the suspension hearing was continued until the state learned of his return. The driver challenges the suspension on constitutiona... More...    $0 (03-18-2011 - AK)

Lucy Okpik v. City of Barrow, Alaska

An employee of the City of Barrow (Barrow) who served as finance director for nearly eight years resigned after learning the mayor was demoting her to the position of senior accountant. She filed suit alleging violation of her right to due process under 42 U.S.C. § 1983, alleging violation of the Alaska Whistleblower Act, and alleging wrongful termination and intentional and negligent infliction ... More...    $0 (04-30-2010 - AK)

James Weed v. Bachner Company, Inc.

The sole question in this case is whether state procurement officials are entitled to absolute immunity or qualified immunity for common law claims arising from the bid evaluation process. In this case, a disappointed bidder sued the procurement officials individually after the administrative hearing officer in the bid protest proceeding found serious improprieties in the bid evaluation process. T... More...    $0 (05-14-2010 - AK)

Harvey A. Hansen v. Marvin P. David

When William Rodgers sold Lot 53-A in Ketchikan to Marvin and Arlene Lani Davis in 1984, he reserved an easement1 across that lot to access the adjacent lot, Lot 52, which he apparently had hoped to buy at a future date. But Rodgers never used the easement to access the adjacent property, and the Davises planted a garden covering most of the easement area and built a greenhouse within the easement... More...    $0 (11-06-2009 - AK)

David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...    $0 (10-08-2009 - AK)

Dolores Hunter v. Philip Morris, USA, et al.

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the ... More...    $0 (09-28-2009 - AK)

Askinuk Corporation v. Lower Yukon School District

After the Lower Yukon School District leased twenty acres from Askinuk Corporation on which to build a school in Scammon Bay, Askinuk sued the school district to reform or invalidate the lease. The lease specified a lease rate of one dollar per year, subject to renegotiation after ten years. It also provided that if the parties could not reach mutual agreement upon renegotiation, the original paym... More...    $0 (07-31-2009 - AK)

District Attorney's Office for the Third Judicial District, et al. v. William G. Osborne

DNA testing has an unparalleled ability both to exoner-ate the wrongly convicted and to identify the guilty. It has the potential to significantly improve both the criminaljustice system and police investigative practices. The Federal Government and the States have recognized this, and have developed special approaches to ensure that thisevidentiary tool can be effectively incorporated into estab-... More...    $0 (06-19-2009 - AK)

Gary D. Sam v. Michael J. Astrue

Gary D. Sam, who suffers from a degenerative condition affecting his cervical spine, appeals the district court’s affirmance of an administrative law judge’s (“ALJ”) order denying Sam disability insurance benefits under Title II of the Social Security Act. The ALJ found Sam ineligible for benefits because he was not disabled on or before the date he was last insured, March 31, 1997. Sam ar... More...    $0 (12-16-2008 - AK)

Alaska Wilderness League, et al. v. Dirk Kempthorne, et al.

Petitioners are six organizations that support environmental conservation, indigenous communities, and wildlife populations of Northern Alaska. They challenge the Minerals Management Service’s (“MMS”) approval of an exploration plan submitted by Shell Offshore Inc. (“Shell”). Shell seeks to drill multiple offshore exploratory oil wells over a three-year period in the Alaskan Beaufort Sea... More...    $0 (11-21-2008 - AK)

Arthur J. Porter; Christie L. Porter v. Arthur J. Osborn and Joseph Whittom

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an emergency situation by his own excessive actions. It comes in the context of a lawsuit brought by the parents of the vic... More...    $0 (10-23-2008 - AK)

John Oscar v. Alaska Depart of Education and Early Development

John Oscar filed a lawsuit under the Individuals with Disabilities Education Act (“IDEA”) and 42 U.S.C. § 1983 against the Alaska Department of Education and Early Development (“DEED”). The lawsuit alleged that DEED violated his rights under the IDEA when it refused to accept his administrative complaint. DEED filed a successful Rule 12(b)(6) motion and the lawsuit was dismissed without p... More...    $0 (09-05-2008 - AK)

Bering Strait Citizens for Responsible Resource Development, et al. v. United States Army Corp of Engineers, et al.

This appeal concerns a permit issued to Defendant- Appellee Alaska Gold Company ("AGC"), by Defendant- Appellee Army Corps of Engineers ("the Corps") for a major gold-mining project near Nome, Alaska. The permit was issued pursuant to Section 404 of the Clean Water Act ("CWA"), 33 U.S.C. 1344, which authorizes the Corps to issue permits for the discharge of dredged or fill material in... More...    $0 (01-08-2008 - AK)

T.C. Greywolf v. William N. Carroll, M.D.

A mental health unit patient, T.C. Greywolf, was arrested at Fairbanks Memorial Hospital and discharged to Fairbanks Correctional Center on a charge of felony assault in the third degree because she had allegedly threatened to harm her psychiatrist, Dr. William Carroll. After Greywolf was acquitted in her criminal trial, she filed charges against Dr. Carroll for (1) malicious prosecution;... More...    $0 (01-17-2007 - AK)

Joseph Frederick v. Deborah Morse, Juneau School Board

This is a First Amendment student speech case.

Facts

One January day, Coca-Cola and other private sponsors supported a "Winter Olympics Torch Relay" in Juneau, Alaska. Students were released from school so that they could watch the Olympic torch pass by. Joseph Frederick, then an 18-year-old senior at Juneau-Douglas High School, never made it to school that morning because he got ... More...    $0 (03-14-2006 - AK)

Joe B. Hall v. TWS, Inc.

In an action to collect on a judgment against Raymond Moore, TWS, Inc. obtained a charging order against his interest in a purported mining partnership with Joe B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve the partnership. The superior court found that, although Moore and Hall formed a partnership at will in 1990, the partnership was dissolved i... More...    $57508 (06-23-2005 - AK)

Lorne C. Miller v. Vileta E. Miller

Lorne C. (Chad) and Violeta Miller were divorced in 2003 after fifteen years of marriage. Chad Miller appeals the superior court's property division and its award of attorney's fees. He argues that the court made insufficient findings to support its decision, that it incorrectly classified as marital property the family home and a cash

1 No custody or support issues are before us on ap... More...    $0 (01-31-2005 - AK)

City of Bethel v. Catherine Peters

This appeal of a jury verdict in a tort suit against the City of Bethel presents the question whether recommendations for action contained in a post-accident report are excludable as subsequent remedial measures under Alaska Rule of Evidence 407, the

-2- 5829 question whether the superior court properly submitted the issue of severe disfigurement to the jury, and a question concerning... More...    $575000 (09-04-2004 - AK)

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