Metcalfe v. State

Although I agree with the court’s decision affirming on alternative grounds the superior court’s dismissal of Metcalfe’s claim for money damages, I respectfully disagree with the decision to remand this case to the superior court for further proceedings. In my view, the superior court’s dismissal of this ease in its entirety should be affirmed because article XII, section 7 of the Alaska Constitution does not encompass Metcalfe’s claim. Met-calfe is not a member of PERS within the meaning of the PERS statutes, so the constitutional prohibition on impairing or diminishing membership benefits…