Alaska Supreme Court
Robert J. Bauman, Judy A. Bauman, and R.j.w., Appellants v. State of Alaska, Division of Family & Youth Services…
January 27, 19891989 Alas. LEXIS 5
Summary
The court affirmed summary judgment for the State and the individual defendants in an action arising from an investigation of an anonymous child-abuse report. It held that the superior court had no duty to warn nonprisoner pro se litigants that they needed to oppose the summary-judgment motion, and that the unopposed motion was substantively sufficient as to the individual defendants and the State. The court also held that the plaintiffs failed to show genuine factual disputes after the defendants met their initial burdens.
Holding
- Duty to warn pro se litigants about summary judgment. The superior court had no duty to warn the Baumans and R.J.W. that they needed to oppose the summary-judgment motion because they failed to file even a defective opposition and were nonprisoner pro se litigants.
- Summary-judgment burdens and factual disputes. An unopposed summary-judgment motion may be granted when the movant establishes the absence of genuine issues of material fact and entitlement to judgment as a matter of law, and the nonmovant then fails to identify specific facts showing a triable issue.
- Qualified immunity for Heckman. Heckman was entitled to summary judgment because his investigative conduct was within the scope of his authority, discretionary, objectively reasonable, and undertaken in good faith without malicious or corrupt intent, and the plaintiffs offered no evidence to dispute his affidavit.
- Claims against the other officials and the State. Summary judgment was proper for Caskey, Hafler, and Elitharp because the complaint failed to state a claim against them, and it was proper for the State because the plaintiffs did not dispute the State's statutory immunity arguments.
Docket S-2572
Cited authorities
- Alaska R.Civ.P. 56
- Alaska Rule of Civil Procedure 77(m)
- Fed. R. Civ. P. 56
- 55 Fordham L. Rev. 1109
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