Brown v. Ely

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After police searched Frank Brown's home for marijuana, he filed a federal Civil Rights Act suit under 42 U.S.C. § 1988, alleging that the search violated Alaska's constitutional right to privacy. Because the search violated no federal right and because the state right Brown invokes would directly conflict with federal law, we hold that the superior court correctly dismissed Brown's § 1983 claim. But we also conclude that it was error to deny Brown an opportunity to assert a state law claim against the city police chief who authorized the search. We…