Bauman v. State, Division of Family & Youth Services

768 P.2d 1097, 1989 Alas. LEXIS 5
CourtAlaska Supreme Court
DecidedJanuary 27, 1989
DocketS-2572
StatusPublished
Cited by49 cases

This text of 768 P.2d 1097 (Bauman v. State, Division of Family & Youth Services) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bauman v. State, Division of Family & Youth Services, 768 P.2d 1097, 1989 Alas. LEXIS 5 (Ala. 1989).

Opinions

MOORE, Justice.

Defendants State of Alaska and four public officials filed a summary judgment motion in superior court. Plaintiffs Robert and Judy Bauman and their daughter R.J.W., appearing pro se, did not oppose the motion. The superior court granted summary judgment. The Baumans and R.J.W. appeal. They argue that (1) they did not receive fair notice of the requirements of summary judgment procedure; and (2) summary judgment was improper because material factual issues remained for trial.

I.

On August 28,1984, the Fairbanks office of the Department of Health and Social Services, Division of Family and Youth Services (Department), received an anonymous phone call through their “hot line,” advising that Robert Bauman was sexually abusing his stepdaughter R.J.W. The caller gave an address for the Baumans’ home in Fox, near Fairbanks. The Department assigned the case to Sergeant Steve Heck-man of the state troopers.

In an affidavit, Heckman stated that he usually interviewed sexual abuse victims [1098]*1098away from their home, since the victim’s mother is often antagonistic to the investigation. He usually chose a location with which the victim was familiar and comfortable, such as the victim's school. In this case, he had difficulty locating the family, since R.J.W. was not enrolled at school and the family had moved away from Fox.

Heckman ultimately received information that the Baumans lived in a house near mile ten of the Chena Hot Springs Road. Heckman went to the location intending to confirm that the Baumans lived there. Upon arriving, Heckman saw a face appear at a window. Knowing that he had been seen and worried that, should he leave, the Baumans might intimidate R.J.W. or otherwise inhibit his investigation, Heckman decided to interview the family at once.

R.J.W. answered Heckman’s knock on the door. She wore a modest bathrobe. R.J.W. assured Heckman that everything was alright. After staying only a few minutes, Heckman gave her his business card and left. Upon returning to his office, Heckman closed the Bauman file, concluding that the allegations were unfounded.

The Baumans sued, appearing pro se. Their complaint alleged a variety of wrongdoings, including error in acting on an anonymous “hot line” report of sexual abuse, destruction of the interview tape and failure to destroy Heckman's investigation file, slander, improper interviewing of an alleged sexual assault victim, illegal search and seizure, and conspiracy.

On June 5, 1987, all the defendants except Linden Staciokas moved for summary judgment. The movants argued that they were protected by immunity granted by AS 09.50.250; there were no questions of fact; and certain of the Baumans’ allegations failed to state a claim. The movants attached Sergeant Heckman’s affidavit to their summary judgment memorandum.

The Baumans and R.J.W. did not oppose the motion. On July 9, 1987, the superior court granted summary judgment to all defendants except Staciokas. The court gave no written reasons other than the comment “unopposed” which is handwritten on the order granting summary judgment.

On July 23, 1987, the Baumans and R.J. W. filed a motion for reconsideration. The court denied the motion several days later. On December 3, 1987, the court entered final judgment in favor of all the defendants except Staciokas. The Baumans and R.J.W. appeal.

II.

The Baumans and R.J.W. argue that the superior court erred in granting an unopposed motion for summary judgment against them as pro se litigants without first notifying them of the requirements of the summary judgment rules. The Bau-mans and R.J.W. cite a number of cases that either are not on point, or involve suits brought by prison inmates.

Federal circuits courts have held that prisoners appearing pro se deserve special warnings. See Moore v. State of Fla., 703 F.2d 516, 520 (11th Cir.1983) (local procedural rule requiring opposition to summary judgment motion within ten days did not provide adequate notice of summary judgment procedure to pro se prison inmate; such inmates have limited access to legal materials); Lewis v. Faulkner, 689 F.2d 100, 102 (7th Cir.1982) (pro se prisoner entitled to receive notice of the consequences of failing to respond to summary judgment motion); Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (relying on Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975)); Hudson v. Hardy, 412 F.2d 1091, 1094 (D.C.Cir.1968) (“requirements of the summary judgment rule may not fairly be applied ‘with strict literalness’ to a prisoner unrepresented by counsel and subject to the ‘handicaps ... detention necessarily imposes upon a litigant’ ”).

On the other hand, the Ninth Circuit, in Jacobsen v. Filler, 790 F.2d 1362, 1363-67 (9th Cir.1986), rejected the argument that those holdings should bé extended to include pro se litigants who are not prison inmates. The court gave the following reasons for its conclusion: First, outside the context of prisoner litigants, “it is not for the trial court to inject itself into the adver[1099]*1099sary process on behalf of one class of litigant.” Id. at 1365.» Courts should not save a litigant from his choice of lawyer, including when a litigant chooses himself as legal representative. Id. at 1364-65. Second, it would be hard to require courts to warn pro se litigants to file responsive affidavits, without also requiring an explanation of what an affidavit is, which in turn would require outlining the rules of evidence. Id. at 1365. This open-ended participation by the court would be difficult to contain. Third, to require such notice would change Federal Rule of Civil Procedure 56, rather than interpret it. Id. at 1366. Such a change should be done through “formal amendment” and not “piecemeal adjudication.” Id.

In Breck v. Ulmer, 745 P.2d 66, 75 (Alaska 1987), we held that the pleadings of pro se litigants should be held to less stringent standards than those of lawyers. In particular, we stated that “a trial court judge should inform a pro se litigant of the proper procedure for the action he or she is obviously attempting to accomplish; here Breck should have been advised of the necessity of submitting affidavits to preclude summary judgment, and the possibility of amending her complaint.” Id.

We believe that Breck is distinguishable here. In Breck, the plaintiff opposed the defendants’ motion for summary judgment but failed to attach previously submitted evidence in the form of affidavits. We noted that “[e]ven where affidavits had not been submitted the court still has a duty to consider evidence referred to by the party opposing summary judgment.” Id.

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Bluebook (online)
768 P.2d 1097, 1989 Alas. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauman-v-state-division-of-family-youth-services-alaska-1989.