Thursday, April 3rd, 2008

DAlaska: Preemption of State Confidentiality Privilege

Judge John Sedwick has held that the Protection and Advocacy for Individuals with Mental Illness Act of 1986 preempts the “peer review” privilege created by AS 18.23.030.
The Disability Law Center of Alaska sought a preliminary injunction forcing the North Star Behavior Health System to turn over records about the treatment of a North Star patient, after receiving a […]

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Filed under Injunctions, Privileges

Thursday, April 3rd, 2008

DAlaska: Summary Judgment and Qualified Immunity

Daniel Mahoney sued several police officers for violating his constitutional rights through use of excessive force, assault and battery, false arrest, and false imprisonment, all arising from his wife’s 911 call reporting domestic violence.  Mahoney relied on 42 USC § 1983.  Judge Timothy Burgess has granted part of the defendants’ motion for partial summary judgment based on qualified […]

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Filed under 1983, Civil procedure