State, Department of Health & Social Services, Division of Family & Youth Services v. Native Village of Curyung

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Several Alaska Native Villages bring suit under 42 U.S.C. § 1983 against the State of Alaska and the Acting Director of the Division of Family and Youth Services. The villages allege ongoing systematic violations of the Adoption Assistance Act and the Indian Child Welfare Act. The superior court dismissed some of them claims, but denied the state’s motion to dismiss all of the villages’ claims. The state appeals. We conclude that the villages may bring suit as parens patriae under § 1983 to enforce rights that are created by the Adoption Assistance…