Justia Civil Procedure Opinion Summaries

A former inmate brought sued the Department of Corrections alleging that the Department negligently failed to protect him after he reported being threatened and that he was subsequently assaulted and seriously injured while in prison. The superior court granted summary judgment in favor of the Department, concluding that the inmate had not shown that a genuine issue of material fact existed on the question whether the Department breached its duty to protect him from reasonably foreseeable harm. Specifically, the superior court concluded that the communication of the threat was too general to put the Department on notice that the inmate was at risk for the attack he suffered. The inmate appealed. Upon review, the Supreme Court concluded that the inmate presented evidence that raised a genuine issue of fact as to the foreseeability of the attack he suffered. View "Mattox v. Alaska Dept. of Corrections" on Justia Law

In 2010, the superior court issued a final order requiring David and Jane Szabo to pay unpaid fines assessed by the Municipality of Anchorage or failing to remove junk stored on their property. The Szabos did not appeal the order. A year later, they filed an Alaska Civil Rule 60(b) motion for relief from judgment. The superior court denied the motion and also denied a subsequent motion for reconsideration. The Szabos appealed, arguing that the fines assessed in this case were unconstitutionally excessive and the municipal code provision under which the Municipality proceeded is unconstitutional. Because the Supreme Court, after its review, concluded that the Szabos' claims did not assert a basis for relief under any section of Rule 60(b), the Court affirmed. View "Szabo v. Municipality of Anchorage" on Justia Law