Richard J. Tracy and Durena K. Tracy v. State of Alaska, Department of Health & Social Services, Office of Children…

Summary

The court affirmed dismissal of the Tracys' negligence and constitutional claims against the Office of Children's Services because OCS owed them no actionable duty under the circumstances and was not a proper defendant for damages under 42 U.S.C. § 1983. The court also held that the superior court did not abuse its discretion by declining to advise the pro se plaintiffs to amend their complaint because an official-capacity action would likewise fail. The court vacated the attorney-fee award because the constitutional claims were not frivolous and were not brought in bad faith, and remanded for further consideration of fees on any remaining claims.