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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾Hÿ¾%HÿÄ$ SECOND JUDICIAL DISTRICT AT NOME AILING TO USE ALL PROCEEDS TO SUPPORT PUBLIC SCHOOLS IN ALASKA
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EXTRACTED KEY WORDS
NEAKOK
DEFENDANT
ALASKA
COURT
CUSTODY
KINGOSAK
PUBLIC SAFETY
NORTH SLOPE BOROUGH
DACANAY
STATUTE
THIRD-PARTY DEFENDANT
JAIL
FACILITY
OFFICER
CONTRACT
SUMMARY JUDGMENT
LIABILITY
RESPONSIBILITY
AFFIRMATIVE DEFENSE
CORRECTIONS
COMMISSIONER
SUPERVISORY
DARRYL NEAKOK
NSB
DISCRETION
SUPERIOR COURT
NOME
TRANSPORT
VIOLATIONS
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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
SECOND JUDICIAL DISTRICT AT NOME
SIGWEIN KINGOSAK, Plaintiff
v.
NORTH SLOPE BOROUGH, et. Al., Defendants
NORTH SLOPE BOROUGH; PUBLIC SUPPORT SERVICE COMMANDER GREG OLSON; DENNIS PACKER, DIRECTOR of PUBLIC
ROBLES, SUPERVISOR OF PUBLIC SAFETY OFFICE OF THE NORTH SLOPE BOROUGH; OFFICER CRISTOSTOM DACANAY,
v.
DARRYL NEAKOK, Third-Party Defendant
Case No. 2BA-94-89 CIV
MEMORANDUM DECISION AND ORDER
This matter is based upon events which occurred after plaintiff was picked up due to his
tody, and transported to the jail facility owned by the North Slope Borough (hereinafter "NSB").
th violations of City or Borough Ordinance, and under a contract with the State of Alaska, serves
on of state statutes are held pending arraignment and possible transport to the nearest facility
ning in question, the facility was fairly full. Plaintiff was placed in a cell with third-party
ngoyak. Neakok had a relatively extensive prior record, and was in custody based upon a charge of
t of defendant Dacanay, Neakok had "never presented problems in the jail before when he was sober."
he motions contradict Dacanay that on the evening of the injury, Neakok was not intoxicated.
the cell, Mongoyak complained to jail personnel that Neakok was tapping his head and calling him
he availability of one open cell, Mongoyak was moved, leaving plaintiff, who was then allegedly
utes thereafter, a jail guard s attention was again drawn to Neakok s cell. This time, Neakok was
SNIPPETS:
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA SECOND JUDICIAL DISTRICT AT NOME
NORTH SLOPE BOROUGH, et. Al., Defendants
NORTH SLOPE BOROUGH; PUBLIC SUPPORT SERVICE COMMANDER GREG OLSON; DENNIS PACKER, DIRECTOR of
This matter is based upon events which occurred after plaintiff was picked up due to his
On July 16, 1994 the plaintiff was taken into custody, and transported to the jail facility
This facility is available for individuals charged with violations of City or Borough
Plaintiff was placed in a cell with third-party defendant Darryl Neakok, and another person,
However, according to the affidavit of defendant Dacanay, Neakok had "never presented
Approximately ninety minutes after Kingosak was placed in the cell, Mongoyak complained to
The plaintiff argues that he has sustained permanent injuries to his eye from the assault,
The Borough argues plaintiff is wrong, and the State suggests that it is entitled to judgment
The defense responds that the issue is one of reasonable conduct under the circumstances,
The existence of a "special relationship" is based on the decision of the Alaska Supreme
Additionally, the issue of Kingosak s intoxication is not a factor which, by itself, will
is based upon the exercise or performance or the failure to exercise or perform a
Acts which are not discretionary are ministerial, amounting "only to obedience of orders, or
That statute read, at the time of the injury, as follows:
he commissioner of public safety shall provide for the custody, care, and discipline of
This same rationale applies to the plaintiff s argument regarding defendant s affirmative
The action of the parties has resolved the claims against the supervisory defendants, and the
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