Lum v. Koles
Alaska Supreme Court
1Opinion of the Court
OPINION
WINFREE, Justice.
I. INTRODUCTION
In response to a domestic disturbance call, police officers entered a residence without a warrant and pepper sprayed and handcuffed a resident. The family sued for excessive force and unlawful entry. The superior court dismissed the claims on summary judgment, granting qualified immunity for the excessive force claims and holding that the family had not raised a cognizable unlawful entry claim. The superior court later denied the family's Alaska Civil Rule 60(b)(2) motion to set aside the rulings based on newly discovered evidence. The family appeals; we…
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