The wrongful death lawsuit brought by the survivors of a man who hanged himself in the Hooper Bay jail was sent back to Superior Court by the Alaska Supreme Court so a jury could allocate the blame -- and damages -- for the death between the city and the man.
"Although there is no need for a new trial on the issues of negligence and damages, the case must be remanded for trial proceedings that will allow the jury to decide the allocation of fault under a legally correct instruction," according to the Supreme Court's opinion published Friday. The court said it based its decision on a jury instruction that precluded the possibility that fault could be distributed between the city and the victim, Louis Bunyan.
Bunyan, 21, killed himself using the drawstring of his shorts while in protective custody in a small cell at the Hooper Bay police station in June 2011.
Hooper Bay Police Department policy dictated officers check in on Bunyan every five minutes, according to the opinion. But the Superior Court noted that it's likely only two checks occurred in 38 minutes.
Two officers admitted they'd been browsing Facebook instead of keeping a watchful eye on the inmate, according to a summary of the trial. Bunyan was in protective custody after drunkenly arguing and fighting with family members, according to the opinion.
Bunyan left behind two children, a few siblings and his mother, Judy Bunyan, who sued Hooper Bay in August 2012 over his death. Last February, more than two years after Bunyan's suicide, a Bethel jury awarded about $1 million to Bunyan's family.
In May, the city appealed.
David Henderson, who is representing the family along with Jim Valcarce, said he and the Bunyans were disappointed that the case is going back to Superior Court, but they are encouraged by the Supreme Court's other rulings.
"We're pleased the Supreme Court recognized the city doesn't have immunity," Henderson said. "When the city has rules in place, they have to follow them, and if they don't and someone dies, they're responsible."
Attorney William Ingaldson, representing Hooper Bay, said in a phone interview that jurors involved in the new trial might reduce the awarded damages.
On appeal, the city of Hooper Bay said it shouldn't be held liable for Bunyan's death because it was under no duty to prevent his suicide, and if it did owe "duty of care" to him, the case should have been thrown out because the state's immunity laws protect certain state officials. The city also argued that the Superior Court made a mistake when it admitted the testimony of an economist, who estimated the lifetime financial loss to Bunyan's family caused by his death.
The Supreme Court sided with the lower court on those and other decisions but was troubled by the jury instruction regarding where to place blame for the suicide.
In a previous interview with Alaska Dispatch News, Ingaldson expressed concern about the trial judge's ruling that fault couldn't be attributed to Bunyan. If a person is capable of performing an action, then they can be held accountable for that action, he said.
Citing case law, the Supreme Court outlined the high threshold someone must meet to be liable for his or her actions while intoxicated. People are generally held to the same standards as if they were sober, but exceptions have been made in cases where intoxication reaches the level where the person needs to be cared for, according to the opinion.
The Supreme Court directed the lower court to use the property incapacity standard "and instruct the jury that it must allocate fault between Louis (Bunyan) and the City unless the jury finds that" his mental and physical capacities were so impaired he was incapable of taking care of himself, the opinion says.