MacMurray v. Wells

Filing 30

ORDER granting 22 Motion to Dismiss for Failure to State a Claim. Signed by Judge Ralph R. Beistline on 3/13/14. (JLH, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
BENJAMIN D. MACMURRAY,

Case No. 4:13-CV-0020-RRB

Plaintiff,
Order Dismissing All State Law
Claims

v.
FREDDIE WELLS, in his personal
capacity, and STATE OF ALASKA,
Defendants.

Defendant State of Alaska having moved for dismissal of all of Plaintiff’s state-law tort
claims on the basis of statutory immunity under AS 09.50.250(3) at Docket Number 22, Plaintiff
having opposed such motion at Docket Number 26, and the Court being duly advised in the
premises,
IT IS HEREBY ORDERED that the State of Alaska’s Motion to Dismiss All State Law
Claims is GRANTED. All of Plaintiff’s state-law tort claims against the State of Alaska are hereby
DISMISSED in their entirety with prejudice under the immunity granted in AS 09.50.250 and in AS
09.50.280. Defendant Freddie Wells remains the sole defendant for purposes of Plaintiff’s claims
under 42 U.S.C. § 1983 for constitutional violations of his right to be free from unreasonable
searches and seizures, right to privacy of his person and effects, freedom of speech, and due process.
It is so ordered.
Dated this 13th day of March, 2014.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE