Mary Hill D/b/a Wild Rose Gardens Assisted Living Home, Appellant v. Linda Giani, State of Alaska, Department Of…

Summary

The court affirmed summary judgment for DHSS and Collier because Alaska's licensing-immunity statute broadly immunized their monitoring and licensing-related conduct, and it affirmed summary judgment for Collier on Hill's due process claim because Hill voluntarily agreed to stop accepting residents and therefore was not deprived of her license. The court reversed summary judgment for Giani because admissible evidence created a genuine issue of material fact about whether she knowingly filed her report of harm in bad faith, defeating qualified immunity at the summary-judgment stage. The court also vacated Giani's attorney-fee award and remanded for further proceedings; Justice Stowers concurred to emphasize the limits of weighing evidence on summary judgment.