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BUSBY v. MUNICIPALITY OF ANCHORAGE

No. S-1580.

741 P.2d 230 (1987)

Thomas BUSBY, Appellant, v. MUNICIPALITY OF ANCHORAGE, Municipality of Anchorage Police Department, and Officer Mary Lou Foster, jointly and severally, Appellees.

Supreme Court of Alaska.

August 21, 1987.

Attorney(s) appearing for the Case

Michael W. Flanigan, William Soule, Clark, Walther & Flanigan, Anchorage, for appellant.

James M. Bendell, James M. Bendell & Associates, Anchorage, for appellees.

Before RABINOWITZ, C.J., BURKE, MATTHEWS, COMPTON and MOORE, JJ.

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 47.37.1702 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...

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