Harrison v. Hickel, No. 053702
| Decision Date | 23 September 1993 |
| Docket Number | No. 92-35477,P,No. 053702 |
| Citation | 6 F.3d 1347 |
| Parties | David B. HARRISON; Penny L. Harrison; Timothy E. Harrison; Gary D. Harrison; Bruce A. Harrison; Donald R. Harrison; Estate of Louis R. Harrison, Jr.; Heirs of Louis R. Harrison and Owners of Native Allotmentlaintiffs-Appellants, v. Walter J. HICKEL, Governor; State of Alaska; John Glass, Lt.; Dan Lowden, Sgt.; Nova RiverRunners, Inc.; Randall Hobbs; Hobbs Industries; Matanuska Electric Association, and Matanuska Telephone Association, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. Michael Robbins, Anchorage, AK, for plaintiffs-appellants.
Robert Nauheim and John T. Baker, Asst. Attys. Gen., and Jerald M. Reichlin, (appearance only), Anchorage, AK, for defendant-appellee.
Richard A. Weinig, Pletcher, Weinig, Moser & Merriner, Anchorage, AK, for Randall Hobbs and Hobbs Industries, Inc.
Appeal from the United States District Court for the District of Alaska.
Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges.
Alaska Natives David P. Harrison and other owners of Native Allotment No. 053702 ("Harrisons") appeal from the judgment dismissing their action against the State of Alaska, its Governor, certain state officers, and various business organizations. The district court dismissed the action against the State of Alaska with prejudice pursuant to the Eleventh Amendment. The action against the individual defendants was dismissed without prejudice.
The Harrisons contend that the district court had jurisdiction to adjudicate their claims because federal courts have jurisdiction over any deprivation of a federal constitutional right. They argue that since they cannot bring their action against the State of Alaska in its court system, we must hold that they are entitled to a federal forum. We affirm the dismissal of this action as to the State of Alaska because the Eleventh Amendment grants the State immunity from actions in law or equity filed by a citizen. Assuming that the Harrisons have not abandoned their argument raised below that the claims against the individual defendants come within the Ex parte Young limitation on the application of the Eleventh Amendment to state officers, we affirm the dismissal of these claims because the quiet title relief sought by the Harrisons directly affects the interests of the State of Alaska.
The following facts are undisputed:
In November 1956, Louis R. Harrison, the Harrisons' predecessor in interest, entered and began to use certain public lands in Alaska. He filed a homestead entry for 160 acres, pursuant to the Alaska Native Allotment Act of 1906, Pub.L. No. 171, 34 Stat. 197 (repealed 1971). The Act authorized the Secretary of the Interior to
allot ... one hundred and sixty acres of nonmineral land in the district of Alaska to any Indian or Eskimo of full or mixed blood who resides in and is a native of said district ...; and the land so allotted shall be deemed the homestead of the allottee and his heirs in perpetuity, and shall be inalienable and nontaxable until otherwise provided by Congress. Any person qualified for an allotment as aforesaid shall have the preference right to secure by allotment the nonmineral land occupied by Id.
him not exceeding one hundred and sixty acres.
On June 25, 1959, Congress enacted the Alaska Omnibus Act, section 21 of which authorized the Secretary of Commerce to transfer to the State of Alaska by quitclaim deed "all lands or interest in lands ... pertaining to roads in Alaska, which are owned, held, administered by, or used by the Secretary in connection with activities of the Bureau of Public Roads in Alaska." Pub.L. No. 86-70, 73 Stat. 141 (1959). On June 30, 1959, the Secretary of Commerce issued an Omnibus Act quitclaim deed to the State of Alaska conveying "all rights, title and interest of Department of Commerce in and to all of the real properties listed in Schedules A, B, and C, attached hereto." Record 3 at Exh. 9. Schedule A included as a "Class B Route" the "Chickaloon Branch Road." The Chickaloon Branch (or Chickaloon River) Road crosses what was then Louis Harrison's homestead.
On January 20, 1961, Louis Harrison relinquished his homestead entry and filed for an allotment to the same lands pursuant to the Alaska Native Allotment Act, claiming use and occupancy beginning on November 11, 1956. On October 8, 1962, Louis Harrison received a Certificate of Allotment approving 160 acres (Native Allotment No. 053702). A title search did not disclose the existence of the State's alleged right-of-way along the Chickaloon River Road. The Certificate of Allotment contains no reservation of an easement.
In 1981, the State began improvement on the Chickaloon River Road within the boundaries of Native Allotment No. 053702 ("Allotment"). The State widened and filled the road and constructed a school bus turnaround. Between 1981 and 1991, the Harrisons challenged the construction, use, and maintenance of this road by the State of Alaska by various acts including physically blocking access to the Chickaloon River Road. These protests resulted in arrests and the alleged physical injury of David Harrison.
The Harrisons commenced this action on October 3, 1991. In their complaint, the Harrisons allege federal causes of action and pendent state claims.
In Count I, the Harrisons seek actual and punitive damages against the State of Alaska, Governor Hickel, Nova RiverRunners, Inc. ("Nova"), Randall Hobbs ("Hobbs"), and Hobbs Industries for acts of intentional trespass committed with the knowledge and approval of the State of Alaska and Governor Hickel. In Count II, the Harrisons seek actual damages against the State of Alaska, Governor Hickel, Nova, Hobbs, and Hobbs Industries for negligent trespass.
In Count III, the Harrisons seek damages and an order "evicting" the State's road. In Count IV, they allege that "the State claims a road right-of-way" that transects the Allotment. The Harrisons also allege that the State of Alaska and Governor Hickel assert that the Chickaloon River, which transects the Allotment, is navigable. In addition, Count IV alleges that the Matanuska Electric Association ("MEA") and the Matanuska Telephone Association ("MTA") assert a right-of-way over the Allotment "for electrical and telephone purposes." The Harrisons seek a declaration of the title and interest of the parties to the land and water and a determination of the right to control the road and that portion of the Chickaloon River which crosses the Allotment.
In Count V, the Harrisons request an injunction to enjoin the State of Alaska, Governor Hickel, Nova, Hobbs, and Hobbs Industries from maintaining and using the Chickaloon River Road, alleging it creates an attractive nuisance and causes damage to and interference with the Allotment.
In Count VI, the Harrisons allege that the State of Alaska and Governor Hickel have interfered with the quiet enjoyment of the Allotment and seek an injunction to prevent further interference, and damages against the State of Alaska, Governor Hickel, Nova, Hobbs, and Hobbs Industries.
In Count VII, the Harrisons seek actual and punitive damages against Hobbs and Hobbs Industries for committing acts of assault In Count IX, the Harrisons seek damages from the State of Alaska, Governor Hickel, Alaska State Trooper Lieutenant John Glass ("Lt. Glass"), and Alaska State Trooper Sergeant Dan Lowden ("Sgt. Lowden") for failing to exercise reasonable care by refusing to assist Gary Harrison and David Harrison after they notified Lt. Glass and Sgt. Lowden that the Harrisons intended to block access to the Allotment.
and battery against David Harrison on or about September 29, 1991, by running into him with a coal truck as he stood in the middle of Chickaloon River Road, within the Allotment. In Count VIII, the Harrisons seek actual and punitive damages against Hobbs and Hobbs Industries for intentional infliction of emotional distress for the conduct described in Count VII.
In Count X, the Harrisons seek actual, special, and punitive damages against Lt. Glass and Sgt. Lowden for assault and battery committed during the arrest of Gary Harrison for obstructing a highway as he lay prone on a road on the Allotment.
In Count XI, the Harrisons allege that Gary Harrison was falsely imprisoned by his arrest and detention. In their prayer, they seek actual, special, and punitive damages against the State of Alaska, Governor Hickel, Lt. Glass, and Sgt. Lowden for false imprisonment.
Finally, in Count XII, the Harrisons seek actual and punitive damages against the State of Alaska, Governor Hickel, Lt. Glass, and Sgt. Lowden for civil rights violations based on the Harrisons' "race, color, and national origin." In addition, the Harrisons allege that Governor Hickel, Lt. Glass, and Sgt. Lowden violated their federal rights by (1) failing to implement sections 4 and 6 of the Alaska Statehood Act, to protect the Harrisons' quiet enjoyment of the Allotment, (2) failing to prevent trespasses on the Allotment, (3) conspiring to deny the Harrisons the right to petition the government to redress their grievances, (4) abusing prosecutorial discretion by filing criminal charges against Gary and David Harrison although the state actors were aware that the title dispute prompted the alleged criminal conduct, (5) failing to comply with eminent domain and quiet title law, (6) denying the Harrisons equal protection under the law by favoring other users of the road, (7) taking the Harrisons' property without compensation, and (8) conspiring with Hobbs, Hobbs Industries, and Nova to defeat the Harrisons' right to peaceful assembly on various dates including September 27, 1991 and September 30, 1991.
On October 30, 1991, the Harrisons filed a motion for partial summary judgment and a declaration that (1) the district court has jurisdiction over this action; (2)...
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