Harrison

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…