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Alaska Supreme Court· 12/13/2013

Lum v. Koles

Citations

  • 314 P.3d 546
  • 2013 WL 6516414
  • 2013 Alas. LEXIS 167

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because plaintiff could have brought a 42 U.S.C. § 1983 claim or a common law trespass claim “these alternative remedies preclude a suit for damages under the Alaska Constitution”
  • holding use of pepper spray reasonable use of force on resisting arrestee
  • “constitutional violations should be addressed ‘by reference to the specific constitutional standard which governs that right, rather than to some generalized ‘excessive force’ standard.”
  • “The alternative remedies do not need to provide the same level of protection, ‘may include federal remedies,’ ‘need not be an exact match,’ and are alternatives even if no longer procedurally available.”
  • “The alternative remedies do not need to provide the same level of protection, ‘may include federal remedies,’ ‘need not be an exact match,’ and are alternatives even if no longer procedurally available.”
  • “The alternative remedies do not need to provide the same level of protection, ‘may include federal remedies,’ ‘need not be an exact match,’ and are alternatives even if no longer procedurally available.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fabe, Winfree, Stowers, Bolger, Maassen

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

47 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Lum v. Koles

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.