Busby v. Municipality of Anchorage

OPINION

BURKE, Justice.

This is an appeal from a summary judgment in favor of the Municipality of Anchorage (Municipality) 1 in which we are asked to determine whether AS 47.37.170 2 imposes upon a municipality an actionable duty to take persons incapacitated by alcohol in a public place into protective custody. We determine that it does and thus reverse the judgment of the trial court and remand for further proceedings.

I

On May 1, 1980, Thomas Busby was walking about two feet into the traffic lane on East Fifth Avenue in Anchorage. 3 Officer Foster was on patrol and spotted Busby, stopped him,…