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 on Hill's state-law claims because the claims arose from conduct covered by statutory licensing and monitoring immunity. It also affirmed summary judgment for Collier on Hill's due process claim, holding that Hill voluntarily agreed to a temporary restriction on accepting residents and therefore was not deprived of her protected license interest. The court reversed summary judgment for Giani because admissible evidence created a genuine issue of material fact about whether she made her report of harm in good faith, vacated the attorney-fee award, and remanded for further proceedings. Justice Stowers, concurring, defended the reversal against the dissent's view that the investigation substantially corroborated Giani's report and established good faith.