Grunert
Grunert v. Campbell
Opinion
Lead Opinion
MEMORANDUM **
This suit arises from a cooperative fishing program promulgated by the Alaska Board of Fisheries (“the Board”). Michael Grunert (“Grunert”), a fisherman who did not participate in the program, successfully challenged it in the Alaska Supreme Court on grounds that it violated the state’s Limited Entry Act. See Grunert v. State, 109 P.3d 924 (Alaska 2005) (challenging original program); see also State v. Grunert, 139 P.3d 1226 (Alaska 2006) (challenging subsequent amended program).
Grunert brought suit in the District Court of Alaska seeking declaratory and injunctive relief prohibiting future cooperative arrangements. Because the Alaska Supreme Court, in striking down the *777 emergency regulation in State v. Grunert, held that the Board could not adopt another cooperative scheme without legislative approval, Grunert’s claims for equitable relief became moot. He then moved to amend his complaint to add claims under 42 U.S.C. § 1983 against individual members of the Board. The District Court denied his motion on grounds that legislative immunity made these claims futile and entered judgment accordingly. We affirm.