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LUM v. KOLES

No. S-14424.

314 P.3d 546 (2013)

Daniel LUM and Polly Lum, for themselves and for their minor children Joseph Aveoganna, Elizabeth Hawley, Aiyanna Lum, and Jamie Lum, Appellants, v. Gwen KOLES (Grimes), Benjamin Hunsaker, Jose Gutierrez, and North Slope Borough, Appellees.

Supreme Court of Alaska.

December 13, 2013.

Attorney(s) appearing for the Case

Colleen A. Libbey , Libbey Law Offices, Anchorage, for Appellants.

Peter C. Gamache , Law Office of Peter C. Gamache, Anchorage, for Appellee North Slope Borough, and Brent R. Cole , Law Office of Brent R. Cole, P.C., Anchorage, for Appellees Koles, Hunsaker, and Gutierrez.

Before: FABE, Chief Justice, WINFREE, STOWERS, and BOLGER, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

In response to a domestic disturbance call, police officers entered a residence without a warrant and pepper sprayed and handcuffed a resident. The family sued for excessive force and unlawful entry. The superior court dismissed the claims on summary judgment, granting qualified immunity for the excessive force claims and holding that the family had not raised a cognizable unlawful entry claim. The...

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