Alaska v. Heisey
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Two correctional officers allegedly injured inmate Respondent Paul Heisey within the jail. Respondent filed a complaint asserting several tort claims against the State and the two officers. Pursuant to a statute allowing the State to substitute as defendant for any State employee that is certified as acting within the scope of employment, the Attorney General certified the officers as acting within the scope of their employment and substituted the State as the Defendant. The State then filed a motion to dismiss on sovereign immunity grounds. While the motion was pending, Respondent moved to amend his complaint to substitute state constitutional claims for the tort claims. The superior court granted the motion to amend, ruling that Respondent may have a damages claim for violation of his state constitutional rights under the circumstances of the case. In the same order, the superior court partially granted and partially denied the motion to dismiss. The State petitioned for review of the superior court's legal conclusions. The Supreme Court accepted the petition and requested briefing on three issues: (1) whether the Attorney General's certification was subject to judicial review; (2) whether the inmate's claims arose out of an assault or battery for which the State is immune; and (3) whether a state constitutional claim for damages exists under the circumstances of this case. Upon review, the Supreme Court concluded that the Attorney General's certification was subject to judicial review, that some of the inmate's claims arose out of an assault or battery for which the State is immune, and that a damages claim under the state constitution does not exist under the circumstances of this case. Accordingly, the Court vacated the superior court's order on the motion to amend and motion to dismiss, and remanded the case for further proceedings.
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