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MANESS v. DAILY

No. S-12040.

184 P.3d 1 (2008)

Bret F. MANESS, Appellant, v. John DAILY, Eric Smith, Tinamarie Buffington, Thad Hamilton, Eric Spitzer, Clifton Peck, Municipality of Anchorage, Anchorage Police Department, Alaska State Troopers, Appellees.

Supreme Court of Alaska.

Rehearing Denied June 13, 2008.

Attorney(s) appearing for the Case

Bret F. Maness, pro se, Atwater, California.

Thomas M. McDermott, Assistant Municipal Attorney, James N. Reeves, Municipal Attorney, Anchorage, for Appellees, John Daily, Clifton Peck, Municipality of Anchorage, and Anchorage Police Department.

Ruth Botstein, Assistant Attorney General, Talis J. Colberg, Attorney General, Anchorage, for Appellees, Eric Smith, Thad Hamilton, and Eric Spitzer.

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

OPINION

MATTHEWS, Justice.

At a sentencing hearing on a charge of illegal possession of a firearm, a federal district court found that Bret Maness had pointed a firearm at the officers who arrested him. The main question in this case is whether this finding may be given issue preclusive effect in a subsequent civil action where Maness claims that the officers used excessive force in arresting him. We conclude that issue preclusion is inappropriate...

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