TORT LAW
Supreme Court of Alaska (2024)
Lauren Beizer
In Torrence v. Blue, 552 P.3d 489 (Alaska 2024), the supreme court held that an inmate’s original complaint included a valid claim for civil battery, therefore, reversing the dismissal of the case decided by the superior court. (Id. at 495). Thus, the case was remanded for further proceedings. (Id.). An inmate at Spring Creek Correctional Center, assaulted another inmate, who was taken to the hospital for a mild concussion, abrasions, bruising, and aggravation of a preexisting hip injury. (Id. at 491). The assaulter was criminally charged and plead guilty to assault in the fourth degree. (Id.). The victim brought a civil complaint against the assaulter, seeking restitution and compensation for a misdemeanor assault. (Id.). The assaulter was successful in dismissing the civil complaint which was then brought up on appeal to the supreme court. (Id. at 492). The court reasoned that it was error to dismiss the original complaint as the complaint established all the elements of a civil tort. (Id.). Ultimately, the supreme court reversed the superior court’s dismissal of the case and remanded the case for additional proceedings. (Id. at 495).
