Alaska Supreme Court hears appeal over Kotzebue officer's immunity in 2022 shooting

Luke Outwater's bid to take a police shooting claim to trial now rests with the Alaska Supreme Court. The justices heard oral argument Wednesday in Anchorage and took the case under advisement.

The appeal challenges a Kotzebue superior court ruling that dismissed then-Sgt. David Cox from the lawsuit on qualified immunity grounds. Outwater argues that dismissal may have wrongly cut off liability for the shooting, which happened during a welfare check. He is the appellant asking the justices to revive the claim against Cox.

The case stems from a Sept. 8, 2022 welfare check in Kotzebue. News coverage of the appeal describes Outwater, an Alaska Native man, as undergoing a severe mental health crisis when Cox shot him twice in the chest. Those details come from reporting, not from the court calendar or the city's own filings.

The City of Kotzebue told its council in a July 16 meeting packet that opening, answering and reply briefs have all been filed. The same packet states that "Proceedings in the trial court have been stayed and the trial date has been vacated." It also states that defense and indemnity coverage is being provided by APRA, the municipal insurance pool that succeeded the AMLJIA. The packet reflects the city's account alone. It does not include Outwater's position beyond a description of his appeal.

Outwater is represented by Jason Skala and Lester K. Syren. Joseph W. Evans represents the city. Timothy W. Bowman represents Cox.

The question before the justices is narrow: was the dismissal of Cox correct. A reversal would send the claim back to the Second Judicial District for further proceedings. The ruling could also shape how future Alaska police-shooting claims are litigated and what liability barriers local governments and officers can invoke. A written decision is expected in the coming months.