Justia Constitutional Law Opinion SummariesArticles Posted in Alaska Supreme Court
Ebli v. Alaska, Department of Corrections
When the Department of Corrections (DOC) discovered that one of its contract employees, a substance abuse counselor, was in an “intimate relationship” with a prisoner in violation of prison policy, DOC barred the counselor and her parents from visiting the prisoner or putting money in his prison bank account. The prisoner sued DOC, alleging that these restrictions violated his constitutional and statutory rights to rehabilitation. When the prisoner moved for summary judgment, DOC moved to amend its answer to deny the statutory claim it had failed to deny in its original answer. The prisoner then moved to amend his complaint to add a claim asserting the constitutional rights of the counselor and her parents. The superior court granted DOC’s motion to amend, denied the prisoner’s motion to amend as futile, and granted summary judgment in DOC’s favor. The prisoner appealed. The Alaska Supreme Court found the DOC’s visitation restrictions were reasonable exercises of its authority to address legitimate penological interests and therefore did not violate the prisoner’s constitutional or statutory rights to rehabilitation. Furthermore, the Supreme Court concluded the superior court did not abuse its discretion when it granted DOC’s motion to amend its answer and denied the prisoner’s motion to amend his complaint. View "Ebli v. Alaska, Department of Corrections" on Justia Law
Alaska Public Defender Agency v. Superior Court
A juvenile from a small village could not afford to travel to the site of his juvenile delinquency proceeding. His attorney with the Public Defender Agency (the Agency) filed a motion asking the superior court to require the Division of Juvenile Justice (DJJ) to pay the travel expenses for both the juvenile and one of his parents. The superior court denied the motion and required the Agency to pay the expenses. The court of appeals upheld the superior court’s decision, reasoning that the Agency’s authorizing statute could plausibly be interpreted to cover client travel expenses and that this reading was supported by administrative guidance in the form of two Attorney General opinions and a regulation governing reimbursements by the Office of Public Advocacy (OPA). The Alaska Supreme Court granted the Agency’s petition for hearing, asking the Agency and DJJ to address two questions: (1) whether the Agency has a statutory obligation to pay its clients’ travel expenses; and (2) whether DJJ has a statutory obligation to pay those expenses. The Supreme Court concluded neither entity’s authorizing statutes required the payment and therefore reversed the court of appeals. The Court did not address the question of how these necessary expenses were to be funded; the Court surmised that was an issue for the executive and legislative branches. View "Alaska Public Defender Agency v. Superior Court" on Justia Law
Posted in: Alaska Supreme Court, Constitutional Law, Criminal Law, Government & Administrative Law, Juvenile Law
In the Matter of the Necessity of the Hospitalization of Lucy G.
In a case of first impression for the Alaska Supreme Court, at issue was the use of electroconvulsive therapy (ECT) to a catatonic, non-consenting patient. In March 2017, police officers found Lucy G. in an Anchorage parking lot, wet and shivering. She was taken to a local hospital, where she initially exhibited “agitated, self-harming, and disoriented” behaviors requiring sedation for her and the staff’s safety. Lucy, who was calm but unresponsive by the end of the day, was diagnosed as catatonic. Hospital staff also noted her prior schizophrenia diagnosis and psychotropic medication prescriptions, as well as hospitalization the prior month. After a petition by hospital staff, the superior court authorized Lucy’s hospitalization for an involuntary commitment evaluation. She would ultimately be diagnosed with catatonia, involuntarily committed for 30 days, and given psychotropic medication and involuntary ECT. At the superior court hearing, the parties agreed that constitutional standards established in Myers v. Alaska Psychiatric Institute, 138 P.3d 238 (Alaska 2006) for ordering involuntary, non-emergency administration of psychotropic medication also applied to involuntary ECT. The patient argued there should have been heightened standards for ordering involuntary ECT and that, in any event, the superior court’s Myers analysis was legally deficient. The Alaska Supreme Court held that the superior court did not plainly err by applying the existing Myers constitutional standards to authorize involuntary ECT to the non-consenting patient. The Court also held the superior court made sufficient findings related to each relevant, contested mandatory Myers factor. Therefore, the Court surmised these findings supported the court’s involuntary ECT order. View "In the Matter of the Necessity of the Hospitalization of Lucy G." on Justia Law
Leahy v. Conant
An inmate representing himself sued the prison superintendent and chaplain for violating his religious rights by providing an inadequate halal diet, banning scented prayer oils, and not allowing him to have additional religious texts in his cell beyond the prison’s limit. He claimed these actions violated the Equal Protection Clause of both the Alaska Constitution and the federal Constitution, and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). The inmate also sought reimbursement for scented oils that the prison had destroyed. The superior court granted the prison officials’ motion for summary judgment and dismissed all of the inmate’s claims. The Alaska Supreme Court reversed summary judgment on the inmate’s RLUIPA claim regarding the halal diet because the inmate did not receive adequate guidance on how to file affidavits in opposition to the summary judgment motion. The Court also reversed summary judgment on the RLUIPA claim regarding scented oils because the prison officials failed to satisfy their burden of proving that banning such oils was the least restrictive means to address their substantial interest in maintaining prison security and health. The Court affirmed dismissal of the inmate’s claims regarding the religious book limit because the issue was not yet ripe. And the Court vacated the award of attorney’s fees and costs. View "Leahy v. Conant" on Justia Law
Club Sinrock, LLC v Municipality of Anchorage
In this case, an adult cabaret featuring nude dancing challenged a municipal code provision prohibiting adult-oriented establishments from operating during early morning hours, arguing that if the provision applied to adult cabarets, it was unconstitutional under the federal and Alaska constitutional free speech provisions. The Alaska Supreme Court concluded the current municipal closing-hours restriction applied to adult cabarets, but, applying strict scrutiny, that it could not be enforced against adult cabarets in light of the Alaska Constitution’s free speech clause. The Supreme Court left open the possibility that local governments might enact constitutional closing-hours restrictions for adult cabarets, but the Court prohibited enforcement of this particular restriction because the municipal assembly failed to appropriately justify its imposition. View "Club Sinrock, LLC v Municipality of Anchorage" on Justia Law
Alaska v. Tofelogo
A man accidentally killed his roommate with a large knife while demonstrating martial arts moves. He pled guilty to criminally negligent homicide and stipulated to the applicability of a statutory aggravator that allowed sentencing above the upper range when a crime is “committed against . . . a member of the social unit made up of those living together in the same dwelling as the defendant.” On appeal of the sentence, defendant argued the aggravator was inappropriate in the context of his case. The court of appeals agreed, concluding that the aggravator is limited to cases in which the defendant’s conduct was specifically directed at the victim and had some source in the relationship between the victim and the defendant. Upon the State’s request for review, the Alaska Supreme Court concluded the aggravator applied to the facts of this case and the sentencing court was not clearly mistaken in giving it some weight. Therefore, the Court reversed the decision of the court of appeals. View "Alaska v. Tofelogo" on Justia Law
John Doe v. Alaska, Department of Public Safety
In 2000 John Doe was convicted of aggravated sexual battery in Virginia. He was sentenced to five years imprisonment, with all time suspended, and a five-year term of probation. Under Virginia law Doe was required to register as a sex offender. Doe moved to Alaska in January 2003. On January 6, 2003, he registered as a sex offender. On April 11, 2003, the Department of Public Safety (DPS) wrote Doe indicating that he had to register annually in January of each year. He did so in 2004 and 2005. On February 4, 2005, DPS wrote Doe stating that he was required to register quarterly, for life. DPS noted that Doe’s Virginia conviction “has essentially the same elements as sexual assault [first] degree (AS 11.41.410), which is an aggravated offense that requires quarterly verification of your sex offender registration information.” This appeal presented two questions concerning the Alaska Sexual Offender Registration Act (ASORA): (1) whether ASORA’s registration requirements could be imposed on sex offenders who moved to Alaska after committing sex offenses elsewhere; and (2) whether ASORA violated due process by requiring all sex offenders to register without providing a procedure for them to establish that they do not represent a threat to the public. The Alaska Supreme Court concluded ASORA’s registration requirements could constitutionally be applied to out-of-state offenders. The Court also concluded ASORA violated due process, but its defect could be cured by providing a procedure for offenders to establish their non-dangerousness. View "John Doe v. Alaska, Department of Public Safety" on Justia Law
Kenai Landing, Inc. v Cook Inlet Natural Gas Storage, et al.
A public utility filed a condemnation action seeking the land use rights necessary to construct a natural gas storage facility in an underground formation of porous rock. The utility held some rights already by assignment from an oil and gas lessee. The superior court held that because of the oil and gas lease, the utility owned the rights to whatever producible gas remained in the underground formation and did not have to compensate the landowner for its use of the gas to help pressurize the storage facility. The court held a bench trial to determine the value of the storage space. The landowner appealed the resulting compensation award, arguing it retained ownership of the producible gas in place because the oil and gas lease authorized only production, not storage. It also argued it had the right to compensation for gas that was discovered after the date of taking. The landowner also challenged several findings related to the court’s valuation of the storage rights: that the proper basis of valuation was the storage facility’s maximum physical capacity rather than the capacity allowed by its permits; that the valuation should not have included buffer area at the same rate as area used for storage; and that an expert’s valuation methodology, which the superior court accepted, was flawed. The Alaska Supreme Court concluded the superior court did not err in ruling that the landowner’s only rights in the gas were reversionary rights that were unaffected by the utility’s non-consumptive use of the gas during the pendency of the lease. Furthermore, the Court concluded the trial court did not clearly err with regard to findings about valuation. View "Kenai Landing, Inc. v Cook Inlet Natural Gas Storage, et al." on Justia Law
Posted in: Alaska Supreme Court, Constitutional Law, Energy, Oil & Gas Law, Real Estate & Property Law, Zoning, Planning & Land Use
Jackson v. Borough of Haines, et al.
Randell Jackson was charged with disorderly conduct, assault, and resisting arrest after a 2012 interaction with three police officers in Haines, Alaska. Amy Williams, an assistant district attorney, first prosecuted Jackson on these charges, but her efforts resulted in a mistrial. James Scott, the Juneau district attorney, oversaw the second round of proceedings against Jackson, which led to his conviction and sentencing. Jackson appealed his convictions in March 2016 to the superior court, which reversed his conviction for disorderly conduct but affirmed his assault and resisting arrest convictions. Jackson brought civil claims against the prosecutors who secured his convictions, alleging they committed various torts and violated his constitutional right to due process. The superior court dismissed his state and federal claims, concluding that the prosecutors enjoyed absolute immunity. The Alaska Supreme Court agreed the prosecutors were protected by absolute immunity from both the state and federal claims because they were acting in their official capacity as advocates for the State when they committed the acts that gave rise to the complaint. View "Jackson v. Borough of Haines, et al." on Justia Law
Keeton v. Alaska, Department of Transportation and Public Facilities
The Alaska Department of Transportation and Public Facilities (DOT or the State) condemned a strip of property along the Parks Highway. DOT filed a declaration of taking, allowing it to take title immediately, and deposited approximately $15,000 in court as estimated compensation for the taking. The landowner challenged DOT’s estimate and was eventually awarded approximately $24,000, as well as attorney’s fees and costs. Pursuant to AS 09.55.440, the superior court awarded prejudgment interest to the landowner on the difference between the amount of DOT’s initial deposit and the amount the property was ultimately determined to be worth. The landowner appealed, arguing that the prejudgment interest should have been calculated on the difference between the deposit and his entire judgment, including significant amounts for attorney’s fees and appraisal costs. The Alaska Supreme Court concluded the landowner’s argument was not supported by the statutory language, legislative history, or policy. Furthermore, the Court rejected the landowner’s arguments that the superior court applied the wrong postjudgment interest rate and abused its discretion by denying discovery of the State’s attorneys’ billing records. The trial court failed to state its reasons for excluding attorney time from its attorney's fees award, and therefore vacated that award and remanded for reconsideration only of the fees award. View "Keeton v. Alaska, Department of Transportation and Public Facilities" on Justia Law
Posted in: Alaska Supreme Court, Constitutional Law, Real Estate & Property Law, Zoning, Planning & Land Use