Palmer woman's lawsuit against APD not done yet

WASILLA — A federal judge has denied most claims stemming from a Palmer woman’s 2011 arrest, but some claims could still see a trial.

Nancy Means, then 18, was driving in Anchorage on Nov. 25, 2011 when the minivan she was driving broke down. An Anchorage police officer, David Burns, spotted the van, with Means at the wheel near in the intersection of Tudor Road and C Street about 3:40 a.m. Burns stopped to help push the van into a nearby parking lot, according to the lawsuit and Nancy Means’ father, Norman Means.

Burns said he smelled alcohol in the minivan, and as a result asked for Nancy Means’ driver’s license, proof of insurance, registration, and telephone number.

Nancy Means’ lawsuit says she perceived the request for a phone number as “an untoward sexual advance,” and refused to answer any further questions. The arrest occurred nine months after the conviction of former Anchorage police officer Anthony Rollins, who was ultimately convicted of forcing women to perform sex acts on the job, and is currently serving an 87-year sentence in federal prison.

Burns’ attorneys answered that Burns had asked for Means’ phone number. City officials have said it’s common for officers to ask for phone numbers in case a follow up is needed.

When Means refused to answer more questions, Burns arrested her, searched her, took her for breath alcohol content testing and ordered the minivan impounded (which a court ruled was in error). Means recorded a .000 Breath Alcohol Content on the machine, and exhibited no signs of alcohol use, according to the lawsuit, which alleged false arrest and imprisonment, defamation, intentional infliction of emotional distress and that her constitutional rights violated.

District Court Judge Sharon Gleason ruled in favor of APD on the defamation, emotional distress, request for relief, and the violation of privacy claims. She left open claims of false arrest and violation of constitutional rights. Gleason also said a jury could decide punitive claims arising from those claims, meaning a jury trial could ultimately be held.

“Taking these facts in the light most favorable to (the) Plaintiff, the Court finds that a reasonable juror could find that Officer Burns did not smell any alcohol despite having indicated that he did,” Gleason wrote, in an Oct. 13 ruling on a request for summary judgment by the Anchorage municipal attorney. “Because an arrest without probable cause would be without the requisite legal authority, (the) Defendants’ motion will be denied as to Ms. Means’s claim for false arrest against Officer Burns.”

As a result of the judgment, municipal attorney Pamela Weiss filed a motion on Thursday asking to recover a part of the estimated $50,448.20 attorneys have spent litigating the case since its filing in 2013. The total amount they’re asking for is $5,044.82.

Contact reporter Brian O’Connor at 352-2270, brian.oconnor@frontiersman.com, or on Twitter @reporterbriano.