Defendant's Attorney: Adam Gottschalk and Gregory S. Fisher

Description: Juneau, Alaska personal injury lawyer represented the Plaintiff who sued on auto and governmental negligence theories.

In July 2019 Brent Bartlett was a police officer with the Juneau Police Department (JPD).[1] He lived with and was in a relationship with another JPD officer, Hannah Malone, at the time. Bartlett struggled with alcohol abuse and post-traumatic stress disorder (PTSD) due to past military service.

In July 2019 Bartlett was driving his personal vehicle on North Douglas Highway when he rear-ended Arlene Tripp's vehicle, injuring her. Bartlett was off duty at the time. He took a breath test after the accident, which indicated that his blood alcohol content was 0.239, roughly three times the legal limit for driving. The State charged Bartlett with driving under the influence and assault. Bartlett pled guilty.

Malone was aware that Bartlett struggled with PTSD and alcohol use disorder and that Bartlett regularly drove his vehicle after drinking heavily. But Malone did not report Bartlett's conduct to JPD. JPD was not aware of Bartlett's mental health difficulties or behavior involving alcohol before the accident.

JPD requires its officers to abide by rules of conduct. Rule of Conduct 114 prohibits off-duty officers from becoming intoxicated "to the point of obnoxious or offensive behavior which discredits them or the Department, or renders the members unfit to report for their next regular tour of duty." The City and Borough of Juneau (CBJ) also has a "Drug-Free Workplace" policy, which provides that "[t]he City and Borough shall train its employees and supervisors in alcohol and drug abuse problems and the effects of drug use in the work environment." The policy makes clear that "use of alcohol or controlled substances in the workplace or reporting for work under the influence of alcohol or controlled substances will not be tolerated."

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Legal issue Does a public employer have a duty to train police officers against excessive off-duty alcohol consumption, making the employer liable for negligent training if an off-duty officer injures someone while driving drunk?

Key Phrases Negligent training. Duty of care. Off-duty alcohol consumption. Superior court decision. Public policy considerations.

Outcome: Affrimed

Plaintiff's Experts:

Defendant's Experts:

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