 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
MEMORANDUM AND ORDER
|
EXTRACTED KEY WORDS
BOROUGH ALASKA DISCHARGE COURT ANIEVAS ARGUES JUDGEMENT PROGRESSIVE DISCIPLINE DEFENDANT MATTER FRAUDULENT MISREPRESENTATION PARTY FAITH COVENANT ORDINANCE VIOLATION ADMINISTRATIVE REMEDIES CONVICTION FAIR DEALING INFRACTION NORTH SLOPE BOROUGH MEMORANDUM EMPLOYMENT REASONABLENESS CONSTITUTION SUPERIOR COURT REGARDLESS BOROUGH FINALLY ARGUES PERSONNEL |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA SECOND JUDICIAL DISTRICT AT BARROW NELSON ANIEVAS, Plaintiff, vs. NORTH SLOPE BOROUGH, a municipality, Defendant MEMORANDUM and ORDER In this matter, each party has moved for summary judgement on certain issues. The defendant Borough e plaintiff progressive discipline, and regardless, the discharge was supported by just cause. The nt on plaintiff s claims for fraudulent misrepresentation, breach of the covenant of good faith and stantive and procedural due process, in violation of 43 U.S.C. 1983, are not cognizable. It further ause he failed to fully exhaust the administrative remedies available to him. The Borough finally ecause Anievas failed to avoid or reduce his losses or that for a period of time, he was without a ion. The plaintiff opposes these motions, and argues that he is entitled to entry of judgement on FACTS: On June 27, 1994, Nelson Anievas was convicted of disorderly conduct for striking Nicagio David at ote #1]. At the time of the incident Anievas was employed as a residential aide at the North Slope e Borough's Department of Health and Social Services (NSBDHSS), but was not on duty or performing he plaintiff approximately two and one half months after the altercation. On July 19, 1994, DHSS Director Irene McIntosh issued a Notice of Intent to Discharge to Anievas. residential aide required that he "model appropriate problem-solving behavior" and interact withSNIPPETS: |
|
|
| | | |
|
|
