Manning v. Alaska Dept. of Fish & GameAnnotate this Case
This appeal was one in a series of successive appeals brought by Kenneth Manning challenging the moose and caribou subsistence hunt regulations that governed a portion of southcentral Alaska. Manning filed this lawsuit in 2013 challenging the eligibility criteria for subsistence hunt permits, the point system for allocating Tier II subsistence permits, and the criteria for establishing nonsubsistence hunting areas. While these claims were pending, the Alaska Supreme Court issued a 2015 decision resolving similar claims brought by Manning in an earlier suit. Manning then moved to amend his complaint in this case and to add an individual official as a defendant. The superior court denied both motions, concluding that amendment would be futile because all of Manning’s claims would fail under Supreme Court precedent. The superior court also denied the State’s motion for attorney’s fees, concluding that Manning was exempt from an adverse attorney’s fees award under the constitutional litigant exception. Manning appealed the denial of his motion to amend; he also raised various allegations of deprivation of due process. The State cross-appeals the denial of its motion for attorney’s fees. The Supreme Court affirmed the denial of the motion to amend because Manning failed to adequately brief (thus forfeiting) his arguments on some of the counts, and the remaining counts would have been futile. And the Court affirmed the denial of attorney’s fees to the State because none of Manning’s claims were frivolous.