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HERTZ v. CAROTHERS

No. S-12364.

174 P.3d 243 (2008)

Sidney R. HERTZ, Appellant, v. Dan CAROTHERS; Garland Armstrong; Cindy Betts; Rebecca Bingham, MD; and State of Alaska, Department of Corrections, Appellees.

Supreme Court of Alaska.

January 11, 2008.

Attorney(s) appearing for the Case

Sidney R. Hertz, pro se, Seward.

Marilyn J. Kamm, Assistant Attorney General, and Talis J. Colberg, Attorney General, Juneau, for Appellees.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After State of Alaska prisoner Sidney Hertz lost his civil rights lawsuit against the state and several of its employees, the superior court awarded attorney's fees of $3,225 against Hertz. When the state began executing on Hertz's prisoner trust account, Hertz claimed exemptions under AS 09.38.030, arguing that his income fell below the statutory level and, in the alternative, that the...

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