Achman Ex Rel. Kemp v. State
323 P.3d 1123
Alaska2014Background
- Charles Kemp attempted suicide while in administrative segregation at the Anchorage Correctional Complex in March 2008, suffered an anoxic brain injury, and was hospitalized and later returned to DOC custody before release on bail in May 2008.
- Kemp’s mother, Marjorie Achman, sued the State (DOC) for negligent failure to protect Kemp from self-harm and for medical malpractice after the suicide attempt.
- DOC moved for summary judgment, submitting affidavits from DOC medical personnel that Kemp’s suicide attempt was not reasonably foreseeable and that post-hospital care met the standard of care; DOC also submitted records showing nursing visits while Kemp was in segregation.
- Achman opposed with expert affidavits (a corrections standards expert and Dr. Carl Orfuss), but Dr. Orfuss relied on incorrect factual premises (he had not reviewed DOC records and assumed Kemp was placed in general population immediately after hospital discharge).
- The superior court granted summary judgment for DOC, denied reconsideration, and awarded DOC attorney’s fees under Civil Rule 82; Achman appealed.
- The Alaska Supreme Court affirmed: no genuine factual dispute about foreseeability or policy noncompliance, expert medical opinion lacked factual foundation and failed to raise causation, and the fee award was not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Foreseeability of suicide risk | Achman: prior suicidal ideation and possession of certain books should have put DOC on notice | DOC: contemporaneous DOC records showed no signs of suicide risk; attempt was not reasonably foreseeable | Court: No genuine issue; DOC met burden that attempt was unforeseeable |
| DOC compliance with its segregation medical-visit policy | Achman: DOC failed to follow policy requiring at least daily health visits | DOC: segregation logs and nursing supervisor affidavit show at least twice-daily visits | Court: No genuine issue; logs and affidavit support DOC compliance |
| Medical malpractice (standard of care) | Achman: Dr. Orfuss opined care was inadequate (needed medical ward, constant supervision) | DOC: affidavits from DOC physicians show appropriate post-hospital care, placement in medical segregation, therapies, and 24-hour caregiver | Court: Dr. Orfuss’s opinion rested on mistaken facts and was insufficient to create triable issue; summary judgment for DOC affirmed |
| Causation and damages from alleged medical negligence | Achman: Kemp’s later behavior and re-placement in mental health ward show harm from inadequate care | DOC: no expert linked Kemp’s damages to negligent care; DOC records show appropriate care and interventions | Court: No evidence linking medical care to aggravated injury; summary judgment proper |
Key Cases Cited
- Kalenka v. Jadon, 305 P.3d 346 (Alaska 2013) (summary judgment standard and review)
- Fraternal Order of Eagles v. City & Borough of Juneau, 254 P.3d 348 (Alaska 2011) (summary judgment principles)
- Weilbacher v. Ring, 296 P.3d 32 (Alaska 2013) (standard for Rule 82 attorney’s fees review)
- Greywolf v. Carroll, 151 P.3d 1234 (Alaska 2007) (summary judgment burden-shifting and evidence requirements)
- Joseph v. State, 26 P.3d 459 (Alaska 2001) (duty to prevent foreseeable self-harm in custody)
- State, Dep’t of Corr. v. Johnson, 2 P.3d 56 (Alaska 2000) (heightened care when prisoner is suicidal or incapacitated)