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LOWELL v. HAYES

Supreme Court No. S-10967.

117 P.3d 745 (2005)

Don LOWELL, Appellant, v. James C. HAYES, in his personal and in his capacity as Mayor of the City of Fairbanks, Herbert P. Kuss, in his personal capacity, and in his official capacity as the City Attorney for the City of Fairbanks, Alaska, and the City of Fairbanks, an Alaskan Municipal Corporation, Appellees.

Supreme Court of Alaska.

July 22, 2005.

Attorney(s) appearing for the Case

Michael J. Walleri, Law Offices of Michael J. Walleri, Fairbanks, for Appellant.

Daniel W. Winfree and Aimee A. Oravec, Winfree Law Office, APC, Fairbanks, for Appellees.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Don Lowell sued the City of Fairbanks (the city), James Hayes, and Herbert Kuss for defamation and violation of his civil rights. He sought actual and punitive damages, as well as declaratory relief. The superior court dismissed his civil rights claim and his request for declaratory judgment and granted summary judgment to defendants on the defamation claim. The court then awarded defendants enhanced...

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