Alaska Employment Law

Sedwick dismisses several § 1983 claims

Impermissible search:  Back in July, Judge Sedwick dismissed an acquitted criminal defendant’s civil rights claims against two state prosecutors arising from a marijuana search later held improper under state, not federal law.  Mahle v. Mun. of Anchorage, 2007 WL 2021814 (D.Alaska Jul. 10, 2007).  Now Sedwick has dismissed Mahle’s claims against the Municipality and two of its police officers. 

As in the earlier opinion, Sedwick held that § 1983 claims may not be based on violations of state law, and that the individual defendants were not entitled to qualified immunity (bec. the claimed federal constitutional right was not clearly established).   Sedwick also held that Mahle failed to plead a valid § 1985 claim, because he “has not alleged any race or class-based discrimination nor shown an invidiously discriminatory motivation behind defendants’ conduct . . ..” 

Finally, Sedwick declined to exercise supplemental jurisdiction over Mahle’s state law claims.

Mahle v. Mun. of Anchorage, 2007 WL 4180972 (D.Alaska Nov. 21, 2007). 

Herbert Viergutz of Barokas Martin represented Mahle.  Joyce Weaver Johnson represented the Municipality of Anchorage and Rebecca Cain of the Anchorage AG’s office represented the state defendants.

8th Amendment:  A pre-trial detainee alleged that a guard at the Cook Inlet booking area violated the 8th Amendment by taking his presecription glasses and not returning them.  On the state’s summary judgment motion, Judge Sedwick assumed that Andrews had shown that the guard’s action resulted in “significant injury,” but held that Andrews had failed to “present facts sufficient to show that [the guard] acted with deliberate indifference to [Andrews’] medical needs.  . . . At most [the guard] was negligent.” 

Andrews v. Williams, 2007 WL 4181001 (D.Alaska Nov. 21, 2007). 

Holly Johanknecht and Thomas Dosik of the Disability Law Center represented the plaintiff.  Marilyn Kamm of the AG’s Office in Juneau represented the state guard.