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KINEGAK v. STATE, DEPT. OF CORRECTIONS

No. S-11315.

129 P.3d 887 (2006)

Lloyd KINEGAK, Appellant, v. STATE of Alaska, DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Alaska.

February 17, 2006.

Attorney(s) appearing for the Case

Jim J. Valcarce, Christopher R. Cooke, Cooke, Roosa & Valcarce, Bethel, for Appellant.

Dale W. House, Assistant Attorney General, Anchorage, James L. Baldwin, Assistant Attorney General, Juneau, Gregg D. Renkes, Attorney General, Juneau, for Appellee.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Because of an oversight the Department of Corrections did not realize that Lloyd Kinegak's prison sentences were to run concurrently, and imprisoned him for seven days after his sentences ended. After being released, Kinegak sued DOC for damages. DOC claimed sovereign immunity under AS 09.50.250(3), which immunizes the state against claims arising out of false imprisonment. Kinegak argued that DOC...

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