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ALASKA INTER-TRIBAL COUNCIL v. STATE

No. S-10844.

110 P.3d 947 (2005)

ALASKA INTER-TRIBAL COUNCIL; Alaska Native Justice Center; Akiachak Native Community; Akiak Native Community; Native Village of Aleknagik; Chinik Eskimo Community (Golovin); Native Village of Clark's Point; Native Village of Gambell; Native Village of Kiana; Native Village of Teller; Tuluksak Native Community; Native Village of White Mountain; Hazel Apok; Sharon Clark; Ester Floresta; Imogene Gardiner; Willie Kasayulie; and Mike Williams, Appellants, v. STATE of Alaska; Delbert Smith, Commissioner; Department of Public Safety, Appellees.

Supreme Court of Alaska.

Rehearing Denied June 28, 2005.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Anchorage, Eric D. Johnson, Bethel, and Carol E. Daniel, Anchorage, for Appellants.

James L. Baldwin, Michael G. Mitchell, and Dean J. Guaneli, Assistant Attorneys General, and Gregg D. Renkes, Attorney General, Juneau, for Appellees.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The appellants are plaintiffs who sued the State of Alaska, alleging that its allocation of law enforcement services violates the constitutional rights of residents of "off-road," predominantly Alaska Native, communities. Among other things, the plaintiffs alleged that the state violates their federal and state rights to equal protection of the law by adopting or creating a de jure discriminatory...

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