Legal Opinion · Dissent

Hendricks-Pearce v. State, Department of Corrections

Alaska Supreme Court

Decided April 25, 2014No. 6899 S-14820Published

1DissentFabe, Chief Justice

In my view, the court's interpretation of AS 88.30.028 is incorrect, and traditional methods of statutory construction-looking to the statute's text, legislative history and purpose, longstanding interpretations of administrative regulations, and policy considerations-all require the opposite interpretation. I would hold that AS 88.80.028 does not render a prisoner lacking collateral resources enumerated in subsection (a) personally liable for the costs of medical care obtained from outside providers. Accordingly, I respectfully dissent and do not join the plurality opinion.1

*40Alaska Statute…

2Cases cited11 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. Guin v. HaAlaska Supreme Court · 1979
  3. Marathon Oil Co. v. State, Department of Natural ResourcesAlaska Supreme Court · 2011
  4. Kodiak Island Borough v. Exxon Corp.Alaska Supreme Court · 1999
  5. Commonwealth v. ARMAOSupreme Court of Pennsylvania · 1972

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