Kinnan v. Sitka Counseling
Annotate this CaseArthur Kinnan lived in a residence as part of a substance abuse treatment program operated by Sitka Counseling. Funding for that program ended, and Sitka Counseling informed Kinnan that he would be required to vacate. Kinnan filed suit against Sitka Counseling and two of its staff members, unsuccessfully alleging several torts based on the defendants’ conduct when removing him from the premises, violations of Alaska’s Landlord Tenant Act, and deprivation of constitutional rights under 42 U.S.C. 1983. Kinnan argued on appeal to the Supreme Court that the superior court wrongfully denied a continuance to allow him to seek counsel, wrongfully excluded the testimony of a late-disclosed witness and two affidavits, and improperly facilitated questioning regarding Kinnan’s mental disability. The Supreme Court concluded that any error resulting from the exclusion of Kinnan’s witness was harmless and saw no abuse of discretion in the superior court’s denial of Kinnan’s continuance, its exclusion of the affidavits as hearsay, or its consideration of Kinnan’s mental disability. Furthermore, the Court also rejected Kinnan’s argument that the superior court’s adverse rulings created an appearance of judicial bias.
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