Alaska State Civil Rights Complaint (AS 18.80 Alaska Human Rights Act)

ALASKA STATE CIVIL RIGHTS COMPLAINT — ALASKA HUMAN RIGHTS ACT (AS 18.80)

TABLE OF CONTENTS

1. Caption
2. Introduction and Nature of Action
3. Parties, Jurisdiction, and Venue
4. Administrative Proceedings and Commission Notice
5. Factual Allegations
6. Count I — Violation of AS 18.80.220 (Unlawful Employment Practices)
7. Count II — Violation of AS 18.80.230 / .240 / .250 / .255 (As Applicable)
8. Count III — Retaliation under AS 18.80.220(a)(4)
9. Count IV — Aiding, Abetting, Inciting, Compelling, or Coercing
10. Relief Requested
11. Separate Demand for Trial by Jury
12. Signature
13. Initial Service and Commission-Copy Record
14. Alaska Practice Notes
15. Sources and References

1. CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[FIRST / SECOND / THIRD / FOURTH] JUDICIAL DISTRICT AT [ANCHORAGE / FAIRBANKS / JUNEAU / NOME / KETCHIKAN / PALMER]

CASE NO. [____]-[____] CI

COMPLAINT FOR RELIEF UNDER AS 18.80 (ALASKA HUMAN RIGHTS LAW)

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, complains of Defendants and alleges as follows:

2. INTRODUCTION AND NATURE OF ACTION

2.1. This is a direct civil action under AS 18.80 arising from Defendants' alleged discrimination against Plaintiff because of [PROTECTED CHARACTERISTIC — match the characteristic and conduct to the exact paragraph pleaded].

2.2. Plaintiff seeks declaratory relief under AS 22.10.020(g), injunctive and other appropriate relief under AS 22.10.020(i), and attorney's fees under Alaska Civil Rule 82 as applicable. This template does not assume that a particular category of damages is available without current case-law review.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is and at all relevant times was an adult resident of [CITY / BOROUGH], Alaska.

3.2. Defendant [ENTITY NAME] ("[SHORT NAME]") is [an employer / labor organization / employment agency / owner, lessee, manager, or agent of a public accommodation / person with the right to sell, lease, or rent real property / financial or commercial institution extending credit / state or political subdivision] whose relevant address is [ADDRESS].

3.3. Defendant [INDIVIDUAL NAME] is included only under a specifically reviewed theory, such as direct participation in conduct covered by the selected substantive provision or AS 18.80.260. The supporting facts are [DESCRIBE].

3.4. Subject-matter jurisdiction. AS 22.10.020(i) gives the Superior Court original jurisdiction over causes of action arising under AS 18.80 and authorizes an injured or aggrieved person to apply for relief.

3.5. Venue. Venue is proper in the [________] Judicial District under Alaska Civil Rule 3(c) because [the claim arose in this Judicial District / Defendant may be personally served in this Judicial District / identify another verified venue basis].

3.6. Timeliness. The challenged conduct occurred on [DATE(S)]. Counsel has confirmed the current limitations rule, accrual rule, and effect of any administrative proceeding for each claim selected here: [STATE THE VERIFIED BASIS].

4. ADMINISTRATIVE PROCEEDINGS AND COMMISSION NOTICE

4.1. AS 22.10.020(i) authorizes a direct Superior Court action under AS 18.80. If Plaintiff filed a complaint with the Alaska State Commission for Human Rights, identify it here: [COMPLAINT NUMBER / DATE / STATUS / NONE].

4.2. Under AS 18.80.145(a), Plaintiff must serve a copy of this Complaint on the Commission. Under 6 AAC 30.920, the copy must be served promptly on the executive director.

4.3. If the same parties or issues are before the Commission, describe that status accurately above. AS 18.80.145 permits Commission intervention and a limited deferral process; it does not make § 18.80.145 the source of the private action.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff is a [describe the protected status using the exact terms of the AS 18.80 paragraph selected below].

5.2. On or about [__/__/____], Plaintiff began [employment / tenancy / patronage / credit relationship] with Defendant [ENTITY NAME] as a [POSITION / CAPACITY].

5.3. Throughout the relevant period, Plaintiff performed [his / her / their] duties competently and met all legitimate expectations of Defendant.

5.4. Beginning on or about [__/__/____], Defendant subjected Plaintiff to the following conduct because of Plaintiff's protected status:

• [ADVERSE ACTION 1 — e.g., denial of promotion to the position of (POSITION) on (DATE), which was awarded instead to (COMPARATOR), a similarly situated person outside Plaintiff's protected class];
• [ADVERSE ACTION 2 — describe the act using the language of the selected statutory paragraph];
• [ADVERSE ACTION 3 — e.g., constructive discharge or termination on (DATE), purportedly for (PRETEXTUAL REASON)].

5.5. Specific statements and events. [Describe who said or did what, when, where, and in whose presence. Do not rely on labels alone.]

5.6. [Optional — Comparator evidence.] Similarly situated [employees / tenants / patrons] outside Plaintiff's protected class, including [NAMES], were treated more favorably under materially indistinguishable circumstances.

5.7. [Optional — Request for change or access.] Plaintiff requested [DESCRIBE] on [DATE], and Defendant responded [DESCRIBE]. Plead a legal accommodation standard only if separately verified for the selected claim.

5.8. [Employment-retaliation facts, if Count III is used.] On [DATE], Plaintiff [opposed a practice forbidden by AS 18.80.200-.280 / filed a complaint / testified / assisted in a proceeding under AS 18.80]. Defendant [employer / labor organization / employment agency] then [discharged / expelled / otherwise discriminated against] Plaintiff by [FACTS].

5.9. Defendant's stated reasons for the adverse actions are pretextual. The true motivating factor was Plaintiff's protected status and/or protected activity.

5.10. As a direct and proximate result of Defendants' conduct, Plaintiff suffered the harm described in Section 10.

6. COUNT I — VIOLATION OF AS 18.80.220 (UNLAWFUL EMPLOYMENT PRACTICES)

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.10.

6.2. At all relevant times, Defendant [EMPLOYER] was an "employer" within the meaning of AS 18.80.300(5), and Plaintiff was a person protected under AS 18.80.220.

6.3. AS 18.80.220(a)(1) prohibits an employer from refusing employment, barring employment, or discriminating against a person in compensation or in a term, condition, or privilege of employment because of the person's race, religion, color, national origin, age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood.

6.4. Defendant violated the selected paragraph of AS 18.80.220 by [refusing employment / barring employment / discriminating in compensation or a term, condition, or privilege of employment / identify another act expressly covered by the selected paragraph] because of Plaintiff's [PROTECTED CHARACTERISTIC].

6.5. Defendant's conduct injured or aggrieved Plaintiff and supports the relief requested below.

7. COUNT II — VIOLATION OF AS 18.80.230 / .240 / .250 / .255 (AS APPLICABLE)

7.1. Plaintiff realleges and incorporates the foregoing paragraphs.

7.2. [Public Accommodation — AS 18.80.230.] Defendant was an owner, lessee, manager, agent, or employee of a "public accommodation" within the meaning of AS 18.80.300(16) and refused, withheld, or denied services, goods, facilities, advantages, or privileges because of Plaintiff's [sex / physical or mental disability / marital status / changes in marital status / pregnancy / parenthood / race / religion / color / national origin].

7.3. [Real Property — AS 18.80.240.] Defendant had the right to sell, lease, or rent the real property at [ADDRESS] and committed the act described in AS 18.80.240([1-7]) because of [INSERT ONLY A CHARACTERISTIC COVERED BY THAT PARAGRAPH]. The protected-characteristic lists differ by paragraph; age appears only in specified paragraphs, and parenthood and federal familial status do not appear in § 18.80.240.

7.4. [Financing — AS 18.80.250.] Defendant was a financial institution or other commercial institution extending secured or unsecured credit and discriminated in a term, condition, or privilege relating to financial assistance or credit because of Plaintiff's [sex / physical or mental disability / marital status / changes in marital status / pregnancy / parenthood / race / religion / color / national origin].

7.5. [State / Political Subdivision — AS 18.80.255.] Defendant is the State of Alaska or a political subdivision and violated AS 18.80.255([1 / 2 / 3]) by [DESCRIBE COVERED ACT] because of a characteristic expressly covered by that paragraph. Paragraphs (1)-(2) list race, religion, sex, color, or national origin; paragraphs (2)-(3) separately address physical or mental disability.

7.6. Defendant's conduct injured or aggrieved Plaintiff and supports the relief requested below.

8. COUNT III — RETALIATION UNDER AS 18.80.220(a)(4)

8.1. Plaintiff realleges and incorporates the foregoing paragraphs.

8.2. AS 18.80.220(a)(4) makes it unlawful to discharge, expel, or otherwise discriminate against a person because the person has opposed any practices forbidden under AS 18.80.200 — 18.80.280 or because the person has filed a complaint, testified, or assisted in any proceeding under AS 18.80.

8.3. Plaintiff engaged in protected activity as described in Paragraph 5.8.

8.4. Defendant [employer / labor organization / employment agency] knew of Plaintiff's protected activity and thereafter [discharged / expelled / otherwise discriminated against] Plaintiff.

8.5. The facts supporting a causal connection between Plaintiff's protected activity and Defendant's action are [timing / statements / shifting explanations / other evidence].

9. COUNT IV — AIDING, ABETTING, INCITING, COMPELLING, OR COERCING

9.1. Plaintiff realleges and incorporates the foregoing paragraphs.

9.2. AS 18.80.260 makes it unlawful for a person to aid, abet, incite, compel, or coerce the doing of an act forbidden under AS 18.80, or to attempt to do so.

9.3. Defendant [NAME] violated AS 18.80.260 by [DESCRIBE THE SPECIFIC ASSISTANCE, INCITEMENT, COMPULSION, COERCION, OR ATTEMPT] concerning the underlying violation alleged in Count [I / II / III].

9.4. Defendant's conduct injured or aggrieved Plaintiff and supports the relief requested below.

10. RELIEF REQUESTED

10.1. Under AS 22.10.020(i), the Court may enjoin an act, practice, or policy prohibited by AS 18.80 and may order other appropriate relief, including payment of money.

10.2. Plaintiff requests the following relief only to the extent supported by the selected claim, current Alaska case law, and the proof:

• A. A declaratory judgment under AS 22.10.020(g) identifying the rights and legal relations of the parties;
• B. An injunction against the act, practice, or policy prohibited by AS 18.80;
• C. Other appropriate affirmative relief tailored to the proven violation;
• D. Payment of money in the amount and category determined appropriate under AS 22.10.020(i) and current controlling law: [SPECIFY AFTER REVIEW];
• E. Attorney's fees under Alaska Civil Rule 82 as applicable;
• F. Costs and pre- and post-judgment interest as allowed by law; and
• G. Other relief the Court determines just and proper.

10.3. The Alaska State Commission for Human Rights has different remedial authority. AS 18.80.130 expressly bars the Commission from awarding noneconomic or punitive damages; that Commission limitation does not itself establish what a court may award. Do not request a court remedy merely because the Commission cannot award it.

WHEREFORE, Plaintiff requests judgment granting the relief selected and supported above.

11. SEPARATE DEMAND FOR TRIAL BY JURY

File this demand as its own document. Copy this section and the complete case caption into a separate document. Sign, serve, and file that demand no later than 10 days after service of the last pleading directed to the jury-triable issue. An embedded demand in this complaint does not meet Alaska Civil Rule 38(b), (d).

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

Plaintiff separately demands a trial by jury on all issues so triable as a matter of right under Alaska Civil Rule 38.

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

12. SIGNATURE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Alaska Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [(___) ___-____]

Email: [EMAIL]

13. INITIAL SERVICE AND COMMISSION-COPY RECORD

Alaska Civil Rule 11(a) does not require an ordinary complaint to be verified unless a rule or statute specifically provides otherwise. The complaint must be signed.

Filed with the Court on [__/__/____]:

☐ Filed by the current method required or accepted by the Clerk

Clerk of the Superior Court, [________] Judicial District at [________], Alaska
[Courthouse address]

Original process served on Defendant(s):

☐ Summons and complaint served by a method authorized by Alaska Civil Rule 4 on [__/__/____]

[DEFENDANT / RECIPIENT / METHOD / PROOF OF SERVICE]

Copy served on the Commission:

☐ Copy of complaint promptly served on the executive director of the Alaska State Commission for Human Rights as required by AS 18.80.145(a) and 6 AAC 30.920 on [__/__/____]

[CURRENT COMMISSION ADDRESS / VERIFIED DELIVERY METHOD]

Important: Ordinary electronic transmission or first-class mailing is not a substitute for original service of the summons and complaint on a defendant under Civil Rule 4. Determine the correct Rule 4 method for each defendant type.

[________________________________]

[ATTORNEY NAME]

14. ALASKA PRACTICE NOTES

• Civil-action authority. AS 22.10.020(i), not AS 18.80.145, authorizes an injured or aggrieved person to apply to the Superior Court for relief under AS 18.80. Section 18.80.145 governs service on the Commission, intervention, and limited deferral.
• Match the paragraph. The actor, prohibited conduct, and protected-characteristic list differ across AS 18.80.220, .230, .240, .250, and .255 and sometimes differ by paragraph within the same section. Delete every count that does not fit the facts.
• Employment retaliation is not a universal retaliation count. AS 18.80.220(a)(4) applies to an employer, labor organization, or employment agency and covers opposition to forbidden practices and participation in an AS 18.80 proceeding. Do not copy it into a housing or public-accommodation claim without a separately verified theory.
• Section 18.80.260 is not the private-action statute. It prohibits aiding, abetting, inciting, compelling, or coercing a forbidden act, or attempting to do so. Plead the specific underlying violation and the specific conduct by the § 18.80.260 defendant.
• Commission and court remedies differ. AS 18.80.130 governs Commission orders and expressly bars the Commission from awarding noneconomic or punitive damages. Court relief is governed by AS 22.10.020(i) and current controlling law; one route's limitation does not automatically create a remedy in the other.
• Timeliness requires separate review. This template does not state a limitations period or tolling rule for a private AS 18.80 action. Confirm current statutes and controlling Alaska appellate decisions before filing; do not assume an administrative complaint pauses a court deadline.
• Fees. Alaska Civil Rule 82 generally awards attorney's fees to the prevailing party, subject to law, agreement, and the rule's calculation and variation provisions. Do not describe AS 22.10.020(i) itself as a full-lodestar fee statute without current authority.
• Original process. The clerk issues a summons after filing, and the plaintiff must cause the summons and complaint to be served together under Civil Rule 4. Determine the correct method for each defendant; ordinary later-paper service is not a substitute.
• Jury demand. Civil Rule 38(b) requires a separate signed written demand served no later than 10 days after service of the last pleading directed to the jury-triable issue. Rule 38(d) makes failure to serve and file the demand a waiver.
• Amendments. Any amendment is governed by Civil Rule 15. A generic reservation sentence does not override the rule.

15. SOURCES AND REFERENCES

• AS 18.80.100-.300 — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=18.80.100&secEnd=18.80.300
• AS 22.10.020(g), (i) — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=22.10.020&secEnd=22.10.020
• Alaska Civil Rules 3, 4, 11, 15, 38, and 82 — Alaska Court System, Rules of Civil Procedure — https://courts.alaska.gov/rules/docs/civ.pdf
• 6 AAC 30.920 — Alaska State Commission for Human Rights, official regulations — https://humanrights.alaska.gov/wp-content/uploads/2019/07/HRC-regulations-2019.pdf

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. It is limited to an Alaska Superior Court action under AS 18.80 and does not plead federal or municipal claims. Confirm the current limitations period, parties, defenses, remedies, and service method for the selected claim. An attorney licensed in Alaska must review and customize this document before filing.