Defendant's Attorney:

Description: Anchorage, Alaska, criminal defense lawyer represented the Defendant was subject to a domestic violence protective order (DVPO) that required him to give a day's notice to security personnel whenever he needed to visit the medical center where his former girlfriend worked. The woman alleges that the man violated this notice provision many times over a three-year period by coming to her workplace unannounced or with insufficient notice.

The woman brought suit against the probation officer and the Alaska Department of Corrections (DOC) for their allegedly negligent supervision, claiming that the man's repeated violations of the DVPO caused her severe emotional distress and ultimately cost her her job. The superior court granted summary judgment for the State, determining that there were no genuine issues of material fact, that the probation officer fulfilled her duty of reasonable care, and that her actions were also shielded by discretionary function immunity. The woman appealed.

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Legal issue Does discretionary function immunity protect a probation officer from liability for allegedly negligent supervision of a probationer's compliance with a domestic violence protective order?
Headnote

TORT LAW. NEGLIGENCE AND DISCRETIONARY FUNCTION IMMUNITY. The case examines the State's potential liability for allegedly negligent supervision by a probation officer, focusing on the officer's duty to investigate alleged probation violations and whether the actions are protected by discretionary function immunity under Alaska law.

CRIMINAL PROCEDURE. PROBATION AND PAROLE SUPERVISION. The court considered whether a probation officer's decisions regarding the investigation and handling of probation violations were operational duties or discretionary actions shielded from legal action by immunity.

CIVIL PROCEDURE. SUMMARY JUDGMENT STANDARD. The court reviewed the summary judgment standard, determining whether there were genuine issues of material fact concerning alleged probation violations and the applicability of discretionary immunity.

Key Phrases Domestic violence protective order. Negligent supervision. Discretionary function immunity. Probation officer's duty of care. Genuine issue of material fact.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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