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Case Name | Glover v. State, Dep't of Transportation | |
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Date | 01/18/2008 | |
Note | The Alaska Constitution's waiver of sovereign immunity is not absolute. | |
Citation | S-12220 | |
WCC Citation | WCC 02010 AK |
S-12220 & S-12329 January 18, 2008 JESSE GLOVER, APPELLANT/CROSS-APPELLEE, v. STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION, ALASKA MARINE HIGHWAY SYSTEM, APPELLEE/CROSS-APPELLANT. Glover was on the forecastle deck as the ship was approaching the dock and fell through the hatch. Glover stated in his October 2004 declaration that he was undergoing daily rehabilitation and anticipated needing additional surgery in the future. First, Glover states that the statute violates article II, section 21 of the Alaska Constitution, which Glover contends is an unequivocal and self-executing complete waiver of state sovereign immunity. Glover argued that he was a public interest litigant and therefore not subject to an attorney's fee award under Rule 82.
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