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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 50. Actions Where State a Party
- Section 250. Actionable Claims Against the State.
previous: Section 240
. Fine For Contempt as Lien On Premises.
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. Actionable Claims Against State Employees.
AS 09.50.250. Actionable Claims Against the State.
A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against
the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section except as set out
in AS 44.77.040
(c). A person who may bring an action under AS 36.30.560
- 36.30.695 may not bring an action under this
section except as set out in AS 36.30.685
. However, an action may not be brought if the claim
- (1) is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the
execution of a statute or regulation, whether or not the statute or regulation is valid; or is an action for tort, and
based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the
part of a state agency or an employee of the state, whether or not the discretion involved is abused;
- (2) is for damages caused by the imposition or establishment of, or the failure to impose or establish, a quarantine or isolation, or by other actions, by the state or its agents, officers, or employees under AS 18.15.355 - 18.15.395, except for damages caused by negligent medical treatment provided under AS 18.15.355 - 18.15.395 by a state employee, or except that, if a state employee quarantines or isolates a person with gross negligence or in intentional violation of AS 18.15.385, the state shall pay to the person who was quarantined or isolated a penalty of $500 for each day of the improper quarantine;
- (3) arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel,
slander, misrepresentation, deceit, or interference with contract rights;
- (4) arises out of the use of an ignition interlock device certified under AS 33.05.020
- (5) arises out of injury, illness, or death of a seaman that occurs or manifests itself during or in the course of, or
arises out of, employment with the state; AS 23.30 provides the
exclusive remedy for such a claim, and no action may be brought against the state, its vessels, or its employees under
the Jones Act (46 U.S.C. 688), in admiralty, or under the general maritime law.
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