Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Rathke v. Corrections Corp. of America

Alaska Supreme Court
153 P.3d 303 (2007)


Rathke (plaintiff) is an inmate in a prison in Arizona pursuant to a contract (the Contract) between the State of Alaska and the Corrections Corporation of America, Inc. (C.C.A.) (defendant). The Cleary FSA is an enforceable agreement between Alaska and Alaska inmates (including those incarcerated in Arizona) under which legal duties are owed to the prisoners. Many of the Cleary FSA’s provisions are repeated verbatim in the Contract between the State of Alaska and C.C.A. Rathke brought an action against C.C.A. alleging violations of the provisions regarding discipline of inmates. A provision of the Cleary FSA that is almost identical to the provision in the Contract provides that a prisoner is presumed innocent until proven guilty based on evidence presented at a hearing. The Superior Court of Alaska ruled that Alaska inmates incarcerated in an Arizona prison, such as Rathke, could not bring an action for breach of contract against C.C.A under the theory that they were third-party beneficiaries of the Contract. Rathke appealed to the Alaska Supreme Court contending that he was a third-party beneficiary of the Contract on the ground that the Contract incorporated many provisions of the Cleary FSA.

Rule of Law


Holding and Reasoning (Carpeneti, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial