94 results for 'court:"USDC Alaska"'.
J. Gleason grants the former inmate's motion for partial summary judgment as to the enforceability of a settlement agreement that was reached in order for his co-defendants in a criminal case "to be immediately released from prison and his own potentially unlawful conviction to be set aside." The city defendants in this Section 1983 case fail to show that enforcing the settlement agreement, which required the release of "all civil claims" by the plaintiff, is in the public interest, after he "may have been wrongfully imprisoned for nearly two decades."
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 4:17cv34, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Settlements
J. Gleason dismisses the pro se litigant's complaint for failing to state a claim on which relief could be granted, but also grants him leave to file an amended complaint. The litigant asserts certain civil rights violations, but the court notes that the "exact nature of Plaintiff's claims is unclear" and states that he "may represent only his own interests" as a self-represented litigant.
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 3:23cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Holland denies an individual's motion for partial summary judgment regarding his use of a golf cart on Sitka roads as a mobility device due to his disabilities. The police department had approved his use of the golf cart, but then three years later revoked its approval, and decided he was no longer allowed to drive the golf cart on roads or sidewalks. The individual appeals the decision, alleging the police violated the Americans with Disabilities Act. "The fact that Plaintiff’s use of his golf cart now runs afoul of Sitka’s ordinances and state statutes and regulations, does not make his request unreasonable as a matter of law." The individual is granted leave to renew after discovery has been completed.
Court: USDC Alaska, Judge: Holland, Filed On: December 29, 2023, Case #: 3:23cv41, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act
J. Gleason denies an association of hemp companies' renewal motion for a temporary restraining order in a dispute over the state's regulation of industrial hemp products intended for human or animal consumption. "The amendment effectively prohibits the in-state sale of hemp products intended for human or animal consumption that contain any delta-9-THC or other non-naturally occurring cannabinoid." The association has not shown a likelihood to succeed on the merits of their claims, including that the State’s amended regulations constitute an unconstitutional regulatory taking.
Court: USDC Alaska, Judge: Gleason, Filed On: December 27, 2023, Case #: 3:23cv253, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution
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J. Gleason denies the government's motion for summary judgment regarding an individual's appeal after he was denied the purchase of a firearm following a background check. The government alleges the individual is ineligible due to a previous assault conviction. The individual's felony convictions have been vacated. The federal firearm prohibition which began in 2022 does not apply to the individual as his misdemeanor crime of domestic violence conviction occurred in 2010. There is currently no federal or state prohibition on the individual's right to possess a firearm.
Court: USDC Alaska, Judge: Gleason, Filed On: December 8, 2023, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Firearms
J. Kindred denies a renewed and amended motion for class certification in a fraud suit against LuLaRoe, a clothing multi-level marketing company. A consumer alleges that the company systematically charged consumers in Alaska a sales tax that they did not owe. "The individualized question of standing predominates over the common questions of law and fact...rendering class certification impracticable."
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:18cv197, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action
J. Kindred denies in part the government's motion for summary judgment in a wrongful death suit. A patient was seen at a clinic for cold symptoms and was sent home with medication. After being seen a second time for fatigue, the patient continued to complain and request medical treatment, but a clinic staff member refused to see her a third time. The patient died that same day after complaining that she was having trouble breathing. The patient's loved one's claims for non-economic damages related to the patient's care continue.
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:21cv116, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Wrongful Death
J. Gleason denies an environmental group's motion for preliminary injunction pending appeal regarding a challenge to approval of an oil and gas development in the National Petroleum Reserve in Alaska. The group alleges violation of the National Environmental Policy Act, Naval Petroleum Reserves Production Act, Alaska National Interest Lands Conservation Act and Endangered Species Act and seeks to halt construction for the remainder of the winter season. The group has not shown that it will suffer irreparable harm if the winter construction activities proceed.
Court: USDC Alaska, Judge: Gleason, Filed On: December 1, 2023, Case #: 3:23cv58, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason denies an environmental group's motion for preliminary injunction pending appeal regarding a challenge to approval of an oil and gas development in the National Petroleum Reserve in Alaska. The group alleges violation of the National Environmental Policy Act, Naval Petroleum Reserves Production Act, Alaska National Interest Lands Conservation Act and Endangered Species Act and seeks to halt construction for the remainder of the winter season. The group has not shown that it will suffer irreparable harm if the winter construction activities proceed.
Court: USDC Alaska, Judge: Gleason, Filed On: December 1, 2023, Case #: 3:23cv61, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Holland denies a marine vessel maintenance company's motion for summary judgment in a vessel repair contract dispute after a customer stopped payment on the check to cover repairs. The customer alleges in counter-claims that repairs were delayed and that they were overcharged. The company has not presented evidence of an agreement to settle the disputed account
Court: USDC Alaska, Judge: Holland, Filed On: November 28, 2023, Case #: 1:22cv6, NOS: Marine - Contract, Categories: Maritime, Contract
J. Kindred denies in part a gun manufacturer's motion for summary judgment in a personal injury suit regarding its single-action five-shot revolver after an individual's gun fell from its holster, struck a rock, and discharged, sending a bullet into the individual's shoulder. A jury could conclude "that a handgun that discharges without a pull of the trigger when dropped is unfit for ordinary use or that the product failed to perform as safely as an ordinary consumer would expect." The individual's strict liability claim continues.
Court: USDC Alaska, Judge: Kindred, Filed On: November 22, 2023, Case #: 3:19cv292, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Firearms
J. Beistline denies the government's motion for summary judgment on an individual's trespass and nuisance claims. The individual alleges that the government placed hazardous substances on her Alaska Native Allotment without her permission or knowledge. The government argues that the individual tracked PCBs onto her own property from a hot spot on Air Force property. The individual alleges that the government created the hazardous hot spot adjacent to her property and failed to abate the contaminants in an unmarked, unfenced area. A question of fact remains as to whether the hazardous materials "were tracked from the point of the spill onto Plaintiff’s property by the 'usual course of events'.” There also remains a genuine issue of material fact regarding "whether or not there was appropriate signage warning of the hazard."
Court: USDC Alaska, Judge: Beistline, Filed On: November 21, 2023, Case #: 3:15cv221, NOS: Torts to Land - Real Property, Categories: Environment, Tort
J. Gleason grants a company's motion to be dismissed from a Walmart shopper's personal injury claim after he slipped and fell on ice on the sidewalk outside the store. Walmart alleges that the third-party company was responsible for maintaining the sidewalk. The forum selection clause in the Master Services Agreement is valid and enforceable and applies to all claims.
Court: USDC Alaska, Judge: Gleason, Filed On: November 16, 2023, Case #: 3:22cv153, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Gleason grants a seafood processing company's motion for summary judgment regarding employees' allegations that it violated the Fair Labor Standards Act, the Portal-to-Portal Act and the Alaska Wage and Hour Act by failing to pay overtime during the peak of the Covid-19 pandemic, when employees were restricted to company property and visitors were limited. Because the employees were not actually working during their waiting time, they are not entitled to overtime for waiting time or sleep time.
Court: USDC Alaska, Judge: Gleason, Filed On: November 15, 2023, Case #: 3:22cv155, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Covid-19
J. Nye denies cabin owners' motion to alter a judgment to include post-judgment interest regarding negligence claims brought after their cabin burned to the ground. The owners allege an HOA employee lit the pilot light of an outdoor refrigerator after the cabin owner had re-stained the decks, leading to the fire. A jury found in favor of the cabin owners, but found the owners were contributorily negligent for the fire because they had, by their own admission, applied too much stain to the deck. Post-judgment interest will accrue as a matter of law, therefore there is no need to alter the judgment.
Court: USDC Alaska, Judge: Nye, Filed On: November 15, 2023, Case #: 1:19cv267, NOS: All Other Real Property - Real Property, Categories: Real Estate, Negligence
J. Gleason dismisses environmental groups' challenge of the Bureau of Land Management's decision to authorize oil production in the National Petroleum Reserve in Alaska. The groups allege that government violated the National Environmental Policy Act "by failing to adequately analyze global greenhouse gas emissions from future oil development" on the lands, failing to consider alternatives, and that the project may adversely affect several species of marine mammals. The government considered "the requisite reasonable range of alternatives."
Court: USDC Alaska, Judge: Gleason, Filed On: November 9, 2023, Case #: 3:23cv58, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Gleason dismisses environmental groups' challenge of the Bureau of Land Management's decision to authorize oil production in the National Petroleum Reserve in Alaska. The groups allege that government violated the National Environmental Policy Act "by failing to adequately analyze global greenhouse gas emissions from future oil development" on the lands, failing to consider alternatives, and that the project may adversely affect several species of marine mammals. The government considered "the requisite reasonable range of alternatives."
Court: USDC Alaska, Judge: Gleason, Filed On: November 9, 2023, Case #: 3:23cv61, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv135, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv244, NOS: Rent Lease & Ejectment - Real Property, Categories: Real Estate
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv134, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv136, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Gleason denies the state's request for declaratory and permanent injunctive relief and dismisses its claims regarding whether the Federal Subsistence Board had the authority to open an emergency subsistence hunt on federal lands for the Organized Village of Kake in the beginning of the Covid-19 pandemic. The Organized Village of Kake is a remote Alaskan community which, like others, requested an emergency hunting authorization to address existing or potential food shortages during the early days of the pandemic due to food supply chain issues. "The hunt successfully concluded on July 24, 2020, and the harvest was distributed to 135 households in the village." The Federal Subsistence Board did not exceed its authority when it authorized the emergency subsistence hunt.
Court: USDC Alaska, Judge: Gleason, Filed On: November 3, 2023, Case #: 3:20cv195, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Covid-19, Injunction
J. Kindred grants the government's motion for preliminary injunction against an allegedly illegal mining operation. The mine owners refused to allow the Mine Safety and Health Administration to perform an inspection, and continued moving mining equipment. The MSHA later accessed the area via helicopter, where it was determined to be an unregistered gold mining operation. The mine owner again denied MSHA access. MSHA issued 17 citations, and the owner did not "provide evidence that the cited hazards had been abated." The government has shown that it is likely to succeed on the merits "regarding an injunction preventing miners from entering the mine site without receiving proper training first." The mine owners are enjoined from denying MSHA inspectors entry to the mine.
Court: USDC Alaska, Judge: Kindred, Filed On: November 1, 2023, Case #: 4:23cv19, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Gleason grants a crowd management company's motion to dismiss an individual's claims that its employees confronted him at the fairgrounds, took a bag he was holding, grabbed his arm and threw him to the ground. The company is a private company, not a state entity, therefore he has not shown that the company's employees were acting as state actors during the incident. The individual is granted leave to amend "to adequately plead state actors committed First and Fourth Amendment violations."
Court: USDC Alaska, Judge: Gleason, Filed On: October 19, 2023, Case #: 3:23cv153, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights