1983

AkBA Employment Law Section Meeting on Troopergate: Name-Clearing Hearing

Will Schendel
November 06, 2008 18:22

At the November 5th meeting of the Employment Law Section of the Alaska Bar Association, the members heard from Tim Petumenos (Independent Counsel for the Personnel Board), Thomas Van Flein (Gov. Palin’s personal counsel), Jeff Feldman (counsel for ex-Public Safety Commissioner Walter M...

9th Circuit: Standard for Alaska State Trooper Shooting

Will Schendel
October 20, 2008 17:27

The 9th Circuit (per Raymond Fisher) has held that U. S. District Judge John Sedwick used the incorrect legal standard of culpability to apply to “a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that s...

9th Cir: Summary Judgment Standard After Garcetti

Will Schendel
October 15, 2008 18:26

A School District “safety specialist” wrote a letter to the District Administrator, complaining that the District’s policies tied his hands on weapons and drug issues.  He wrote the letter from home, on his own time, and on his own initiative.  Whether his job required such a le...

DAlaska: No Constitutional Right to Education

Will Schendel
September 10, 2008 22:15

U. S. District Judge Timothy Burgess has dismissed a former University of Alaska student’s Section 1983 claims against the University and a lender.  The ex-student alleged that the University had misapplied (or “stolen”) part of his student loan, and that the lender had required h...

DAlaska: Settlement in Wade v. Ilisagvik

Will Schendel
August 20, 2008 13:43

The ex-employee plaintiff in this Section 1983/Whistleblower/FMLA case has accepted Ilisagvik College’s Offer of Judgment, resulting in $9,687.56 in damages, costs to be taxed, and $100,000.00 in attorney fees.  The Rule 68 acceptance came only days after U. S. District Judge Burgess denied pl...