Chris Keen v. Municipality of Anchorage

Summary

The United States District Court for the District of Alaska converts the Municipality of Anchorage’s motion to dismiss into a motion for summary judgment. The court grants summary judgment on contract claims arising before July 17, 2022, and on whistleblower and related state-law tort claims arising before July 17, 2023, while denying summary judgment on the remaining claims. The court also grants leave to supplement the record, denies the plaintiff’s cross-motion to amend, and orders the defendant to answer within 14 days.

Holdings

1. The defendant's motion to dismiss was properly converted into a motion for summary judgment because the parties agreed to the conversion and were given an opportunity to submit pertinent materials.
2. The plaintiff's motion to supplement the summary-judgment record was granted.
3. Summary judgment was granted to the Municipality on contract claims arising before July 17, 2022.
4. Summary judgment was denied on the plaintiff's post-July 17, 2022 contract claims because factual questions remained concerning the specific positions at issue and whether pursuing contractual remedies would have been futile.
5. Summary judgment was granted to the Municipality on whistleblower and related state-law tort claims arising from 2022 events.
6. Summary judgment was denied on the plaintiff's 2025 whistleblower and related tort claims because factual questions remained concerning the plaintiff's whistleblower activity and the alleged adverse employment actions.
7. The plaintiff's cross-motion for leave to amend was denied.

Questions Presented

1. Whether the defendant's motion to dismiss was properly converted to a motion for summary judgment.
2. Whether the plaintiff should be permitted to supplement the summary-judgment record.
3. Whether the plaintiff's contract claims under the collective bargaining agreement arising before July 17, 2022, were barred by Alaska's three-year statute of limitations.
4. Whether the plaintiff's contract claims arising on or after July 17, 2022, were subject to summary judgment for failure to exhaust contractual or administrative remedies.
5. Whether the plaintiff's whistleblower and related state-law tort claims arising from 2022 events were barred by the applicable two-year statute of limitations.
6. Whether summary judgment was warranted on the plaintiff's 2025 whistleblower and related tort claims.
7. Whether the plaintiff was entitled to amend the complaint.

Disposition

other