South Dakota Immunity Law

GANTVOORT v. RANSCHAU

<center><h3><h3> Pierre, SD - Divorce lawyer represented Plaintiff with suing his former wife for placing a hidden recording device in Doug's office. </h3></center> [¶2.] Doug and Mary married in 1996. During the course of their marriage, they owned and operated a specialty restoration business in Clear Lake, South Dakot... More...

$0 (04-10-2022 - SD)

FISCHER v. CITY OF SIOUX FALLS

<center><h2> Morelaw Performance Marketing <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">If It Does Not Work, It Is Free!</a></center> On June 29, 2014, Fischer and his grandson were riding their bicycles along a paved pat... More...

$0 (10-26-2018 - SD)

STATE OF SOUTH DAKOTA v. SHAWN RAYNARD ROSS <table> <td>

On February 17, 2017, the Brule County Grand Jury indicted Shawn Ross on one count of third-degree burglary in violation of SDCL 22-32-8 and one count of intentional damage to property in violation of SDCL 22-34-1(2). Ross pleaded not guilty. Thereafter, the State and Ross entered into a plea agreement. At a hearing on May 16, 2017, pursuant to the plea agreement, Ross pleaded guilty to third-d... More...

$0 (07-27-2018 - SD)

Roger Lee v. William Driscoll

Mary and Roger Lee sued Mathews Township, South Dakota, and three members of the Township Board of Supervisors—William Driscoll, Greg Albrecht, and William Albrecht (collectively, the individual defendants)—alleging claims under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and summary judgment, which the district court denied in part and granted in part. ... More...

$0 (09-07-2017 - SD)

KLEIN v. SANFORD USD MED. CTR

On January 16, 2011, at approximately 1:00 a.m., thirty-eight-year-old Nicholas Klein drove to the Sanford USD Medical Center emergency department after being struck in the throat and head during an altercation at a bar. The nurse’s notes recorded Klein “has a normal mood and effect. . . . His mood appears not anxious. He does not exhibit a depressed mood. He expresses ... More...

$0 (12-11-2015 - SD)

STATE OF SOUTH DAKOTA v. ALFREDO L. VARGAS

A jury found Defendant guilty of attempted fetal homicide. During the trial, the jury heard from Lisa Komes. Komes testified that she learned that she was pregnant with Defendant’s child in February of 2010. She told Defendant about her pregnancy, and he indicated that he wanted her to obtain an abortion. Komes did not want to be pregnant at that time, but she did not wan... More...

$0 (08-20-2015 - SD)

Estate of Ronald E. Johnson v. Douglas Weber, et al.

The Estate of Ronald E. Johnson and Lynette K. Johnson (collectively, "Johnson") commenced this 42 U.S.C. Â§ 1983 complaint alleging violations of the constitutional and state law rights of the deceased Ronald Johnson. The district court granted summary judgment to defendants. 1 Johnson filed the instant appeal, arguing summary judgment was improper. We affirm. I Pursuant... More...

$0 (05-04-2015 - SD)

Tim Lors v. Jim Dean

Tim Lors sued his employer, the South Dakota Bureau of Information and Technology (BIT), and various state employees (collectively, "defendants"), alleging retaliation in response to a prior discrimination suit that he filed against the same defendants. Lors's complaint asserted jurisdiction under various federal statutes, including Titles I and V of the Americans With Disabilities Act of 1990 (AD... More...

$0 (03-13-2014 - SD)

16 Jade Street, LLC v. R. Design Co., LLC

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts. FACTUAL/PROCEDURAL BACKGROUND Carl R. Aten, Jr., and his wife are the only member... More...

$0 (04-04-2012 - SD)

Erin Colleen Hart v. Ronald Miller

[¶ 1.] Plaintiff Erin Colleen Hart (Hart) appeals an order granting the motions for summary judgment of Defendants Ronald Miller (Miller) and Miller's supervisors1 (Supervisors) on Hart's 42 U.S.C. Â§ 1983 claim and other state claims.2 Hart appeals. We affirm in part and reverse in part. FACTS AND PROCEDURE [¶ 2.] On February 17, 1996, at approximately 1:00... More...

$0 (04-19-2000 - SD)

Michaelle Salzer v. William Barff

[¶1.] In responding to an emergency call, a police officer ran a red light and struck plaintiff's vehicle. Plaintiff brought suit against the officer for negligence. Granting summary judgment for the officer, the circuit court ruled that the limitation period expired under SDCL 9-24-5, which requires a negligence action against a "municipalityâ€ to be brought within two years. The court conc... More...

$0 (12-15-2010 - SD)

Kerwyn Lykken v. Crystal Brady

Pursuant to a valid warrant, law enforcement officers engaged in a large-scale search of Kerwyn Lykken's and Esther Lykken's (together, the Lykkens), Union County, South Dakota, farm. As the search was conducted, some of the Lykkens' livestock bolted through a fence, and Esther's pregnant cat gave birth. The search lasted four days, during which the livestock lost weight, Esther's stove was left o... More...

$0 (09-21-2010 - SD)

Nancy Wetherill v. Pete Geren

This case requires us to determine whether the Feres doctrine, which generally bars judicial review of military decision-making, precludes us from hearing a Title VII suit brought by a "dual-statusâ€ National Guard technician, whose position was both military and civilian in nature. While Colonel Nancy Wetherill was initially granted a waiver of mandatory retirement from her military position... More...

$0 (08-18-2010 - SD)

Mary E. Petersen v. Tim Reisch

Tim Reisch (Reisch) and Duane Russell (Russell) appeal the district court's1 denial of their motion for summary judgment claiming qualified immunity. Mary E. Petersen (Petersen) filed this pro se lawsuit against Reisch and Russell alleging, among other things, Reisch and Russell were deliberately indifferent to her serious medical needs. On March 20, 2008, the district court granted Petersen's mot... More...

$0 (11-08-2009 - SD)

Mindy Kahle v. Jermaine Leonard

Mindy Kahle sued Jermaine Leonard (and others) under 42 U.S.C. Â§ 1983. A jury found Leonard liable, awarding damages. Leonard appeals Batson and evidentiary rulings, jury instructions, and the portion of the judgment (one percent) applied to Kahle's attorneys' fees. Having jurisdiction under 28 U.S.C. Â§ 1291, this court affirms the verdict but remands for redetermination of t... More...

$1100000 (04-28-2009 - SD)

Monny Truman v. Darren Griese

[¶1.] Monny Truman (Truman), individually and as special administrator of his wife Patricia's estate, and Steven and Dee Ann Rounds1 sued Darren Griese (Griese), in his official capacity as South Dakota Department of Transportation (DOT) Pierre Region Traffic Engineer, and employees of the DOT as John Does after a car accident forty miles west of Pierre. Griese moved for summary judgment based on... More...

$0 (02-18-2009 - SD)

Oglala Sioux Tribe v. C&W Enterprises, Inc.

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota ("state courtâ€) from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings. I. Backgro... More...

$0 (09-05-2008 - SD)

Dean Hohm and Jean Hohm, as Guardians ad Litem and Conservators for Adam Hohm v. City of Rapid City v. Charissa J. Hitchcock

[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var... More...

$0 (07-29-2008 - SD)

Progressive Halcyon Insurance Co. and Carol Wellnitz v. Roxanne Philippi, Personal Representative of the Sylvia Ruhr Estate, Deceased

[¶1.] On August 22, 2006, Carol Wellnitz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota's workers' compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On February 8,... More...

$0 (07-29-2008 - SD)

Bobby Johnson v. United States

Bobby L. Johnson brought an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. Â§Â§ 1346(b), 2671, against the United States alleging Bureau of Indian Affairs (BIA) correctional officer Shobe Little Light (Little Light) and Standing Rock Sioux Tribal Police Officer Gary Sandland committed the following torts while arresting him in September 2003: (1) false and unlawful arrest; (2) arre... More...

$0 (07-28-2008 - SD)

Dean Hohm and Jean Hohm, as Guardians ad Litem and Conservators for Adam Hohm v. City of Rapid City v. Charissa J. Hitchcock

[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var... More...

$0 (07-19-2008 - SD)

Paul Eischen, et al. v. Wayne Township and Wayne Township Volunteer Fire Department

[1.] In connection with a suit claim, stemming from a November 10, 1998 fire at their residence, plaintiffs Paul, Sharon, Jim, John and Eric Eischen (collectively "Eischens") filed a negligence claim against defendants, Wayne Township Volunteer Fire Department (the "Volunteer Fire Department") and Wayne Township (defendants hereafter collectively, the "Township"), on November 9, 2001. On July... More...

$0 (01-08-2008 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/07/09/063668P.pdf" target="_new">Barbara Robinson v. Brandtjen & Kluge</a>

Barbara Robinson and her husband Kent sued Brandtjen & Kluge, Inc., ("B&K"), alleging causes of action based on strict products liability and negligence, as well as a derivative claim based on loss of consortium and a claim for punitive damages. The district court1 granted summary judgment for B&K, and we affirm. I Barbara Robinson ("Robinson") worked at Clark Printing, Inc., a p... More...

$0 (09-18-2007 - SD)

<a href="http://www.sdjudicial.com/opinions/downloads/y2007/24110.pdf" target="_new">Brenda M. King, as personal representative of the Estate of Ashley Marie King, deceased, et al. v. Dennis Landguth, Secretary of the South Dakota Department of Transportation</a>

[1.] This action arose from a one car accident in rural Turner County, where Ashley Marie King suffered fatal injuries and Barbara V. King (Barbara) suffered serious but non-fatal injuries, after the driver hit a box culvert in the ditch. Brenda M. King (Brenda), on behalf of Ashley, and Barbara sued the State of South Dakota, the South Dakota Department of Transportation (DOT), and DOT employe... More...

$0 (01-23-2007 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/04/10/033529P.pdf" target="_new">Jerry W. Bender v. Eugene Regier, M.D.</a>

In July 1998, while incarcerated in the South Dakota corrections system, Jerry Bender tested positive for the Hepatitis C virus (HCV). In this action under 42 U.S.C. § 1983, Bender alleges that Eugene Regier, a physician employed by the South Dakota Department of Health, violated Bender's Eighth Amendment rights by failing to treat his HCV with interferon before Bender's release from the... More...

$0 (10-28-2004 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/04/07/032375P.pdf" target="_new">Twylla Mae Turney v. Russell Waterbury</a>

Twylla Mae Turney brought this civil rights suit against the Bennett County Sheriff's Department, Bennett County, the State of South Dakota, Bennett County Sheriff Russell Waterbury, Chief Deputy Bruce McMillin, and jailer Tracy Merchen (collectively the Defendants) to recover damages related to the in-custody suicide of her son, Bill Keith Turney. The Defendants moved for summary judgm... More...

$0 (07-21-2004 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/03/09/021673P.pdf" target="_new">Oti Kaga, Inc. v. South Dakota Housing Development Authority</a>

Oti Kaga appeals the district court's2 grant of summary judgment dismissing its eleven-count complaint against the South Dakota Housing Development Authority (SDHDA) and its seven-member board. The complaint alleges SDHDA discriminated against Oti Kaga by rejecting its applications for tax credits under Internal Revenue Code (IRC) § 42, and for funding under the HOME Investment Partnershi... More...

$0 (09-15-2003 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/02/12/012957P.pdf" target="_new">Turn Key Gaming v. Oglala Sioux Tribe</a>

Turn Key Gaming promised to build a casino for the Oglala Sioux Tribe but could not keep the project within its budget. Turn Key stopped construction when the Tribe refused to modify their contract. Turn Key filed suit against the Tribe to resolve the parties' dispute over the costs of a temporary casino and the incomplete permanent casino. The District Court 1 found in favor of the Tribe and a... More...

$336344 (12-27-2002 - SD)

Steve W. Young v. Anthony Harrison

On December 31, 1998, appellant Young and three of his friends rented a suite at the Rushmore Plaza Holiday Inn in Rapid City, South Dakota. Following several hours of drinking and bar-hopping, Young and his friends returned to the hotel and Young passed out in the bedroom of the suite. Young's friends stayed outside the suite and continued the evening's festivities. Hotel security... More...

$0 (03-21-2002 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/02/03/003801U.pdf" target="_new">Roger Meyer v. United States</a>

Roger Meyer, as personal representative of the estate of Tony Max Meyer ("Meyer"), brought an action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b)(1) et seq., alleging that the Veterans Administration ("VA") breached its duty to provide reasonable protection to Meyer while he was a resident in the domiciliary facility of a VA medical center, resulting in Meyer's murder by a ... More...

$0 (03-13-2002 - SD)

<a href="http://www.state.sd.us/state/judicial/opinions/Cases/2001/2001_137.htm" target="_new">Hall and Williams vs. City of Watertown et al.</a>

[1.] We granted intermediate appeal to decide whether the statute conferring immunity for injuries caused by escapees and persons resisting arrest overrides the statute waiving immunity to the extent of liability coverage. Although the circuit court prematurely concluded that one statute trumped the other, it reached the right result in finding a waiver of immunity. We affirm. Background<P... More...

$0 (11-14-2001 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/00/09/992419P.pdf" target="_new">Yellow Horse v. Pennington County</a>

Civil case - civil rights. Estate had standing to assert a claim under Section 1983 as damages were sought only for injuries to the deceased and not for compensation for the deceased's next of kin; district court did not err in granting officials' motion for summary judgment based on qualified immunity; officials were not deliberately indifferent to threat of suicide; county's suicide watch policy... More...

$0 (09-05-2001 - SD)

<a href="http://www.ca8.uscourts.gov/opndir/00/08/994138P.pdf" target="_new">Clyde M. Lawson v. Andrew Hulm, et al.</a>

Andrew Hulm and Darron Hanzlik, Troopers with the South Dakota Highway Patrol, appeal the district court's denial of their motion for summary judgment. We conclude that the Troopers were entitled to qualified immunity in this case.This action involves an incident which occurred on April 10, 1998, at around noon, on a sidewalk in front of B.B. Cody's Restaurant in Deadwood, South Dakota. Cly... More...

$0 (08-18-2000 - SD)