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JOSEPH v STATE Click to find out why . . .



Keywords & Phrases
CourtCode: SU, CourtName: Superior Court, District: Second, JudgeName: Ben Esch, Plaintiff: JOSEPH, State: AK Alaska, UniqueCaseRef: AK>SU>44, Alaska, Immunity, Discretion, Joseph, Policy, Summary Judgment, Motion, Post Orders, Reasons, Health, Liability, Regulations, Corrections, Protection, Immune, Cell, Clothing, Argues, Duty, Acts, Prisoners, Inspections, Supreme Court, Inmate, Drunk Tank, Tort, Exercise, Compliance, Moving Party , ContentID: 120239517

Case Documents
1 1997-08-01 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾&Xÿ¾6X
[ see first page and extracted highlights below  ] ItemID: 100019
4 pages
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Total Documents: 1 document , 4 pages
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1 . IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾&Xÿ¾6XÿÄ$

EXTRACTED KEY WORDS
COURT
IMMUNITY
DISCRETION
JOSEPH
POLICY
SUMMARY JUDGMENT
MOTION
POST ORDERS
REASONS
HEALTH
LIABILITY
REGULATIONS
CORRECTIONS
PROTECTION
IMMUNE
CELL
CLOTHING
ARGUES
DUTY
ACTS
PRISONERS
INSPECTIONS
SUPREME COURT
INMATE
DRUNK TANK
TORT
EXERCISE
COMPLIANCE
MOVING PARTY

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

SECOND JUDICIAL DISTRICT AT NOME

JOE JOSEPH and JUDITH JOSEPH
as Personal Representatives of the Estate
of RUDOLPH JOSEPH, Plaintiffs,

vs.

STATE OF ALASKA, and MARGARET

PUGH, Commissioner of Corrections, Defendants.

Case No. 2NO-96-101 CI

DECISION REGARDING GOVERNMENTAL IMMUNITY

and PROTECTIVE ORDER AS TO EXPERT TESTIMONY

The defendant State of Alaska has moved for summary judgment regarding certain actions taken by
ile Joseph was incarcerated prior to his suicide. Additionally, the State asks for an order
ions, which the State alleges are immune from suit, were negligent. The plaintiffs oppose the

There are two basic categories of actions for which the State seeks immunity. The first is the
nk tank," and the second is following post orders in his intake processing. The second category of
vilian clothing rather than institutional garb, checking his well-being every thirty minutes as
th screening procedure that may not adequately identify those at risk of suicide. The State argues
 immune from action under AS 09.50.250. That section states:

A person or corporation having a contract, quasi-contract, or tort claim against the state may
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • JOE JOSEPH and JUDITH JOSEPH as Personal Representatives of the Estate of RUDOLPH JOSEPH,
  • PUGH, Commissioner of Corrections, Defendants.
  • The defendant State of Alaska has moved for summary judgment regarding certain actions taken
  • Additionally, the State asks for an order precluding testimony from defense witnesses that
  • There are two basic categories of actions for which the State seeks immunity.
  • The first is the decision to place Joseph in a cell rather than the "drunk tank," and the
  • The second category of actions include allowing Joseph to remain in his civilian clothing
  • A person or corporation having a contract, quasi-contract, or tort claim against the state
  • is an action for tort, and based upon the exercise or performance or the failure to exercise
  • The State argues that the decision of where, within the institution, Joseph was placed, and
  • the argument is offered that all acts taken in compliance with post orders are also protected
  • For a moving party to succeed in a motion for summary judgment, it must show that all
  • The court recognizes the attraction of this argument, however merely because a decision has
  • State, 642 P.2d 1355, 1356 "Not all decisions involving an element of discretion, however,
  • As numerous courts have recognized, even the most ministerial of tasks involves some degree
  • With regard the second category of actions, compliance with the Department regulations and
  • These orders specifically addressed the issues of appropriate periods of time to conduct
  • The post orders call for inspections at least every 30 minutes, and the State suggests that
  • As the Supreme Court has stated in several cases, "a jailer owes a duty to the prisoner to
  • For the reasons set out herein, the motion of the State for summary judgment regarding
  •    |