After reviewing the facts in a 2010 shooting at Thane Campground, the Alaska State Supreme Court reversed parts of the Juneau Superior Court’s earlier ruling and sent it back to the superior court for further consideration.
After being shot in the face in the 2010 shooting, Jon Lane sued the City and Borough of Juneau and others, alleging that the city was liable for a party at the campground getting out of hand and resulting in him getting shot. Juneau Superior Court ruled in favor of the city in 2015, but the Supreme Court’s decision this past week states this case might need another look.
According to the Supreme Court ruling, the CBJ decided to keep the seasonal campground open through the winter in 2009 to provide more options for those who weren’t able to get access to housing or shelters. According to court documents, the city hired Gordon Valle to serve as the caretaker of the campground in 2007 and he agreed to stay through the winter in 2009 to help oversee it.
On March 30, 2010, court records allege, Valle joined an alcohol-fueled party of campers and ended up passing around two pistols of his to the campers. One of those campers, Chris Barrios, got into an argument with Lane, according to the court’s decision. This argument led to Barrios shooting Lane in the face, court records say.
The issue at hand, into which the 31-page Supreme Court decision delves, is how Valle’s decision relates to his duties as a CBJ employee or independent contractor.
The rules at the campground explicitly forbid alcohol use, but according to the court decision, Valle said he believed he was “off the clock” when the party occurred. Former CBJ employee Heather Marlow, who was in charge of the campground at the time, testified that Valle was allowed to “turn a blind eye” to “minor” drinking by other campers, according to the court decision.
These inconsistent instructions about alcohol use, Lane argued in his case, confused Valle and that the city should be held responsible. The Supreme Court’s decision this week stated the superior court should consider whether these instructions fit under the heading of policymaking or under the heading of day-to-day operations. Municipalities are immune in cases such as this that involve broad policies, according to the Supreme Court ruling, but they are not immune in day-to-day operational decisions.
The Supreme Court document states that the justices believe the CBJ could be liable for Marlow’s supervision of Valle because the management of employees is considered a day-to-day operation.
Chief Justice Craig Stowers wrote a dissenting opinion, disagreeing that the city could be held responsible for Valle’s actions. Stowers argued that because Valle was not acting in the interests of the CBJ at the time of the party, the city should not be held responsible for his actions.
The Supreme Court decision concludes, sending the case back to the superior court for further proceedings.
“These actions, which were crucial links of the causation chain in Lane’s injury, can by no stretch of the imagination be considered part of Valle’s job, nor can they be said to further the City’s interests.”
Valle pleaded guilty in 2011 to violating a domestic violence protective order by owning firearms, according to an Empire report at the time. The report states Valle had a Ruger Super Blackhawk .44 magnum revolver and a Smith and Wesson .44 magnum revolver in his possession while he was the campground manager.
Barrios was initially charged with attempted murder but eventually pleaded guilty to third-degree assault and was sentenced to five years in prison, according to the Empire report.
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• Contact reporter Alex McCarthy at 523-2271 or amccarthy@juneauempire.com. Follow him on Twitter at @akmccarthy.
