United States Ninth Circuit

In this action against Alaska officials who determined that streambeds claimed by plaintiffs were owned by the State of Alaska, dismissal for lack of subject matter jurisdiction is affirmed, where: 1) plaintiffs could not avoid a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) merely because they asserted in their complaint that Alaska did not own the streambeds; and 2) state sovereign immunity barred the action because the Ex part Young doctrine did not apply, and under the exception set forth in Idaho v. Coeur d'Alene Tribe of Idaho, the relief plaintiffs sought was close to the functional equivalent of quiet title.

Appellate Information

• Decided 08/28/2014
• Published 08/28/2014

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel