Adam Lee Bunker v. Wyatt Derner

CourtDistrict Court, D. Alaska
DecidedDecember 5, 2025
Docket4:25-cv-00005
StatusUnknown

This text of Adam Lee Bunker v. Wyatt Derner (Adam Lee Bunker v. Wyatt Derner) is published on Counsel Stack Legal Research, covering District Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adam Lee Bunker v. Wyatt Derner, (D. Alaska 2025).

Opinion

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ADAM LEE BUNKER,

Plaintiff, Case No. 4:25-cv-00005-SLG v. WYATT DERNER, Defendant. SCREENING ORDER

On February 4, 2025, self-represented prisoner Adam Lee Bunker (“Plaintiff”) filed a civil complaint, an application to waive prepayment of the filing fee, and a motion “for extension of time and acceptance of late filed 1983.”1 Plaintiff’s Complaint alleges that on or about October 22, 2022, State of Alaska Ranger Wyatt Derner, while dressed in plain clothing, improperly seized Plaintiff

and used excessive force when arresting him.2 For relief, Plaintiff seeks $20 million in damages.3 Processing of the case was delayed because Plaintiff did not file an application to waive the filing fee until September 18, 2025. Pursuant to Rule 201 of the Federal Rules of Evidence, the Court takes judicial notice of the Courtview records of the Alaska Trial Courts.4

1 Dockets 1-3. 2 Docket 1. 3 Docket 1 at 4. 4 Judicial notice is the “court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact.” Black’s Law Dictionary (12th ed. 2024); See also United States ex rel. Robinson Rancheria The Court has now screened Plaintiff’s Complaint in accordance with 28 U.S.C. §§ 1915(e) and 1915A. For the reasons discussed in this order, Plaintiff's Complaint fails to adequately state a claim for which relief may be granted, and his

claims appear to be time-barred. Therefore, the Complaint is DISMISSED. However, Plaintiff is accorded 60 days to file an amended complaint that attempts to correct the deficiencies identified in this order and addresses whether he properly qualifies for equitable tolling or other grounds sufficient to overcome the applicable statute of limitations. Alternatively, Plaintiff may file a notice of voluntary

dismissal in which he elects to close this case. SCREENING STANDARD Under the Prison Litigation Reform Act, a federal district court must screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity.5 In this screening, a district court shall

dismiss the case at any time if the court determines that the action: (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.6

Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (“[W]e may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”) (internal citations and quotation marks omitted). 5 28 U.S.C. §§ 1915, 1915A. 6 28 U.S.C. § 1915(e)(2)(B).

Case No. 4:25-cv-00005-SLG, Bunker v. Derner In conducting its screening review, a district court must accept as true the allegations of the complaint, construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor.7 However, a court is not

required to accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact.8 Although the scope of review generally is limited to the contents of the complaint, a court may also consider documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice.9 Such documents that contradict the allegations of a complaint

may fatally undermine the complaint's allegations.10 Moreover, even if a compliant meets the pleading requirements, dismissal under Section 1915 is still appropriate if an affirmative defense, such as untimeliness, is an “obvious bar to securing relief on the face of the complaint.”11 Before a court may dismiss any portion of a complaint filed by a self-

represented litigant, a court must provide the plaintiff with a statement of the deficiencies in the complaint and an opportunity to file an amended complaint,

7Bernhardt v. L.A. County, 339 F.3d 920, 925 (9th Cir. 2003) (holding that a court must construe pleadings filed by self-represented litigants liberally and afford the complainant the benefit of any doubt). 8 Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001), amended by 275 F.3d 1187 (2001). 9 United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003). 10 Sprewell, 266 F.3d at 988 (noting that a plaintiff can “plead himself out of a claim by including . . . details contrary to his claims”). 11 Washington v. Los Angeles Cnty. Sheriff’s Dep’t., 833 F.3d 1048, 1056 (9th Cir. 2016) (internal quotation marks omitted).

Case No. 4:25-cv-00005-SLG, Bunker v. Derner unless to do so would be futile.12 Futility exists when “the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency.”13 DISCUSSION

I. Summary of Plaintiff’s Claims Plaintiff claims that on or about October 22, 2022, he was pulled over on the side of the road when Defendant State of Alaska Ranger Derner approached him. Plaintiff claims Defendant was driving a plain white truck, was dressed in civilian clothing, and did not immediately identify himself as an officer.14 Plaintiff states he

was in fear for his safety because Defendant was “talking in an aggressive tone” and ‘making accusations that were obviously false[.]’”15 Plaintiff claims he believed Defendant was going to rob him, but that he tried to “obey” Defendant’s instructions “not because [Plaintiff] believed he was a police officer but because [Defendant] was becoming more and more threatening[.]”16 Plaintiff claims he was “unsure” of the man’s identity, but also states he waited for Defendant to run his license.17

Plaintiff claims he tried to sit down on the snow bank but Defendant ordered him to “get face down in the ice and snow[.]” Then, Plaintiff claims he was trying to

12 Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988); see also Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987) ("Without the benefit of a statement of deficiencies, the pro se litigant will likely repeat previous errors."). 13 Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). 14 Docket 1 at 2. 15 Docket 1 at 2. 16 Docket 1 at 2. 17 Docket 1 at 2-3.

Case No. 4:25-cv-00005-SLG, Bunker v. Derner stand up when Defendant “sprayed [him] for no reason” and began striking him in the head.18 Plaintiff states he was beginning to lost consciousness but remembers “getting away” before he saw uniformed officers, believed to be Alaska State

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