Lane v. City & Borough of JuneauAnnotate this Case
The City of Juneau kept a campground open through the winter to accommodate the local homeless population. A campground resident was shot and severely injured. He sued the municipality for damages, arguing primarily that the municipality did not do enough to prevent alcohol-related violence at the campground. He also argued that the campground’s caretaker performed his duties negligently, that this negligence precipitated the shooting, and that the municipality was vicariously liable for the caretaker’s actions. The superior court granted summary judgment for the municipality on all claims, concluding the municipality could not, under the doctrine of discretionary function immunity, be liable for any decision requiring “deliberation” and “judgment.” It also concluded that the municipality was not vicariously liable for the caretaker’s alleged negligence because his challenged actions were outside the scope of his employment. The shooting victim appealed. The Alaska Supreme Court concluded the application of discretionary function immunity to bar some of his claims was error, as they related to “operational” rather than “planning” decisions. Furthermore, the Court found genuine issues of material fact precluded summary judgment on the shooting victim’s claims for negligent supervision and vicarious liability. Therefore, the Court affirmed the superior court’s judgment in part, reversed it in part, and remanded the case for further proceedings.