Alaska Employment Law

Doug Mertz says that Frederick may appeal state issue

Judge John Sedwick on Wednesday issued his final order in the “Bong Hits 4 Jesus” case, unless the plaintiff takes an appeal and is successful. 

Sedwick’s October 10th Order dismissed Frederick’s state law claim under Article I, § 5 of the Alaska Constitution (”Freedom of Speech”).  He found Frederick’s claims for injunctive and declaratory relief moot, given his graduation from high school.  As to Frederick’s state law damages claim, Sedwick had earlier granted immunity to both the Board and the principal.  In his final order, he states: “That ruling was not appealed and is now law of the case.”  

According to the AP, plaintiff does not agree that appellate review of the state claims is foreclosed: The AP reports:

Frederick’s attorney Doug Mertz, called the ruling a “nonissue,” predictable and expected. “We now have the opportunity to return to the Court of Appeals on the state issues,” he said.

Frederick v. Morse, Case No. J02-008 CV(JWS), Order of Oct. 10, 2007.