Smith v. Alaska
Annotate this CaseThe Alaska Department of Transportation and Public Facilities (DOTPF) fired Appellee Paul Smith for misconduct. Smith, an equipment operator, shot and field-dressed a moose while on duty in 2005 and received a thirty-day suspension. In 2006, he took a fuel tank stand from his workstation, later claiming that he thought he received permission to do so. At about the same time, 100 gallons of fuel disappeared from the same station. DOTPF concluded that Appellee had stolen the fuel and terminated him. After unsuccessfully filing union grievances and complaints with the state Human Rights Commission and federal Equal Employment Opportunity Commission, Appellee filed suit, alleging breach of contract, civil rights and tort law violations. The superior court granted summary judgment to the state on all counts. Appellee appealed the superior court's ruling on his civil rights and contract claims. Upon careful consideration of the trial court record and the arguments Appellee made on appeal, the Supreme Court affirmed the superior court's decisions as to both of Appellee's claims.
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