Mahle

MEMORANDUM **

Gerald Mahle was convicted in state court of controlled substance offenses. Before sentencing, however, his conviction was set aside due to an intervening appellate decision, which the trial court applied retroactively. That decision, State v. Crocker, 97 P.3d 93 (Alaska Ct.App.2004), held that in order to establish probable cause for a search for evidence of the state law offense of unlawful possession of marijuana, “the State [must] affirmatively establish ] probable cause to believe that the *19 type of marijuana possession at issue ... is something other than the type of possession protected [by state case law].” Id. at 96 . Because the search in his ease failed to meet this test, Mahle’s conviction was set aside. He then brought suit under 42 U.S.C. §§ 1983 and 1985, and state law against the State of Alaska, the Municipality of Anchorage, and various state and city officers. The district court eventually dismissed all of Mahle’s claims and he appeals.

1. The district court correctly dismissed the claims against the State because the State is not a “person” subject to suit under §§ 1983 and 1985. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 , 109…