Israel v. Alaska, Department of CorrectionsAnnotate this Case
Psychiatrists employed by the Alaska Department of Corrections (DOC) diagnosed inmate Adam Israel with paranoid schizophrenia. The inmate disputed his diagnosis, contending that his claimed rare genetic ability to see the electro-magnetic radiation of poltergeists was misunderstood as a delusion. The inmate brought a medical malpractice action against the psychiatrists and DOC seeking rescission of his diagnosis and damages. DOC filed a motion for summary judgment supported by an affidavit from DOC’s chief medical officer. The affidavit confirmed the inmate’s diagnosis and asserted that the inmate received treatment consistent with his diagnosis. After notifying the inmate that he needed expert testimony to oppose the motion for summary judgment, the superior court granted DOC’s summary judgment motion because the inmate failed to provide expert testimony to rebut DOC’s evidence. Israel appealed, arguing that DOC’s medical director was not qualified to testify about the standard of care under AS 09.20.185. The Alaska Supreme Court determined Israel failed to create a genuine issue of material fact about the correctness of his diagnosis. Therefore, the Court affirmed the superior court’s grant of summary judgment. The Supreme Court also rejected Israel's other arguments raised on appeal.