Richard Barton DeRemer III v. Craig Turnbull and Brian Morris

Summary

The Alaska Supreme Court held that the superior court improperly dismissed the prisoner's First Amendment retaliation claim without addressing it, because the court adopted a motion that did not analyze that claim and failed to liberally construe the pro se complaint. The court affirmed dismissal of the prisoner's remaining claims because alternative federal remedies barred damages under the Alaska Constitution, the cited criminal statute created no private cause of action, and the alleged segregation did not implicate a protected liberty interest. The case was remanded for further proceedings on the retaliation claim.