South Dakota Intentional Law

<H2> United States of America v. Bryant James Ross

Pierre, South Dakota, criminal defense lawyer represented the Defendant charged with assault and battery.<br> <br> Assault is an act that causes someone to fear imminent physical harm, while battery is the physical act of applying force to another person. The key difference is that battery requires physical contact, which can be offensive or harmful, whereas assault does not, according to some jur... More...

$0 (11-07-2025 - SD)
Matthew Helde, et al. v. A & K Logistics, Inc.., et al.

Rapid City, South Dakota personal injury lawyer represented Plaintiffs who sued Defendants on auto negligence theories. <br> <br> Shane Helde and Crystal Helde individually and through the Estate of Donald Helde, through its personal Representatives Jean Velo.<br> <br> South Dakota personal injury law is governed by the South Dakota Codified Laws. The statute of limitations for personal injury cas... More...

$1 (05-31-2023 - SD)
JULIE GODBE, DAVID GODBE v. CITY OF RAPID CITY

<center><h3><font color="red"><h3><font color="red"> Pierre, South Dakota - Personal Injury lawyer represented Plaintiffs and Appellants with suing the City for negligence. </h3></font></b></ i></center></font></center><br> <br> Julie Godbe suffered horrific injuries after her bicycle tire caught in a <br> storm drain grate in Rapid City (City). Julie and her husband David (Godbes) sued <br> Cit... More...

$0 (07-05-2022 - SD)
NORTHLAND CAPTIAL v. ROBINSON

<center><h3><font color="red"><h3><font color="red"> Pierre, South Dakota - Agricultural Law lawyer represented Plaintiff and Appellee with filing suit for non payment for grain bin monitoring equipment. </h3></font></b></i></center></font></center><br> Robinson purchased grain bin monitoring equipment for his farm in <br> Spink County from American Edge Grain, Inc. on May 8, 2017. The purchase w... More...

$0 (07-05-2022 - SD)
JULIE NIEMITALO v. RICHARD SEIDEL

<center><h3><font color="red"><h3><font color="red"> Pierre, SD - Divorce lawyer represented Defendant and Appellee with whether their divorce agreement released Julie's right to bring a civil suit against Richard. </h3></font></b></i></center></font><br> <br> <br> [¶2.] Julie and Richard had been married for 23 years when, in September <br> 2017, she filed for divorce based on Richard's adulter... More...

$0 (04-10-2022 - SD)
GANTVOORT v. RANSCHAU

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

$0 (04-10-2022 - SD)
MARTY K. SYRSTAD v. MICHAEL J. SYRSTAD

<center><h3><font color="red"><h2><font color="red"> Pierre, SD - Divorce lawyer represented Plaintiff accused of alienation of affection and child sex abuse. </h3></font></b></i></center></font><br> <br> In 1993, when Marty was 14 years old, she began dating Michael's son, <br> Jeremy Syrstad, and while the two were dating, she would spend a significant <br> amount of time at the Syrstad home. Ma... More...

$0 (01-27-2022 - SD)
United States of America v. Brian Hinman

Rapid City, SD - Criminal defense lawyer represented defendant charged with conspiracy to distribute drugs.<br> <br> Brian Hinman, age 38, was charged with conspiracy to distribute controlled substances.<br> <br> From approximately November 2018 to December 2018, Hinman obtained methamphetamine, which he then distributed in South Dakota. A traffic stop of Hinman by Nebraska State Patrol, in Decem... More...

$0 (11-08-2020 - SD)
STATE OF SOUTH DAKOTA v. MASON J. BRYANT

Sioux Falls, South Dakota - Criminal Defense Attorney, two counts of aggravated assault and three counts of simple assault.<br> <br> <center><br> <table><br> <td><br> <img width="400" src=" https://ujs.sd.gov/Images/BonHomme.jpg"> <br> </td><br> </table><br> <h1> <font color="red"> </font> </h1><br> </center><br> <br> <br> [¶2.] On the morning of June 9, 2017, Mason Bryant was trying to find... More...

$0 (09-30-2020 - SD)
STATE OF SOUTH DAKOTA v. JOSHUA JOHN ARMSTRONG

<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> Armstrong has been an inmate in the South Dakota State Penitentiary<br> since his 2009 conviction o... More...

$0 (04-03-2020 - SD)
STEPHANIE BONEBRIGHT v. CITY OF MILLER and SDML WORKERS’ COMPENSATION FUND

<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> James Bonebright began his employment with the City of Miller (the<br> City) in 1987, working for t... More...

$0 (04-03-2020 - SD)
United States of America v. South Dakota Department of Social Services

Pierre, SD - The United States of America sued the South Dakota Department of Social Services on a civil rights violation theory.<br> <br> The Justice Department announced today that it has reached a settlement with the South Dakota Department of Social Services (Department of Social Services or DSS), a state agency that assists South Dakotans seeking public benefits, resolving allegations that DS... More...

$0 (01-30-2020 - SD)
CHRISTINA BLANCHARD v. MID-CENTURY INSURANCE COMPANY, also known as FARMERS INSURANCEv. MID-CENTURY INSURANCE and COMPANY v. ERIC C. BLOMFELT, and ERIC BLOMFELT & ASSOCIATES, P.C.

<center> <P><font color=”FF0000”><h2> Call Kent Morlan at 888-354-4529 if you need a lawyer &#9878; </font></h2></center><br> <center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a></br><font Color="Red">Call Morelaw @ 888-354-4529 For A Receptionist for Less Than a Dollar a... More...

$0 (09-23-2019 - SD)
STATE OF SOUTH DAKOTA v. JARED JEROME STONE

<center><br> <h1><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <a href="https://www.morelaw.com/lawyers/recent.asp" target="_new">MoreLaw Helps People Find Lawyers</a><br> <font><br> </h1><br> </center><br> On April 22, 2016, Stone and Lachara Bordeaux drove to the Lucky Lady Casino in Sioux Falls. Stone entered the casino and Bordeaux entered another ne... More...

$0 (04-01-2019 - SD)
FISCHER v. CITY OF SIOUX FALLS

<center><h2><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <font color="red">Morelaw Performance Marketing</font><br> <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><br> On June 29, 2014, Fischer and his grandson were riding their bicycles along a paved pat... More...

$0 (10-26-2018 - SD)
KAYLA FLUTH v. SCHOENFELDER CONSTRUCTION, INC. and LARRY WEISSER

On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser’s Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation. [¶3.] Shortly after Schoenfelder began... More...

$0 (09-19-2018 - SD)
STATE OF SOUTH DAKOTA v. DAVID LEONARD RANDLE, JR., <table> <td>

On October 24, 2015, a group of young adults attended a party at a Sioux Falls condominium leased by Mason Mitzel. There was evidence that the partygoers were drinking and using marijuana and other illegal substances. [¶3.] At some point during the evening, an AK-47 owned by Mitzel was brought out amongst the partygoers. There was testimony that different individuals handled the AK-47. Severa... More...

$0 (08-02-2018 - 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)
ALEJANDRO GARRIDO, TANYA HOOF, and TANYA HOOF as limited conservator for the minor child M.I. v. TEAM AUTO SALES, INC. <P> <font color="red">Morelaw Internet Marketing for Legal Professionals <br> <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new">Click Here To Find A Lawyer</a> <br> 888-354-4529 </font>

Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,... More...

$0 (05-27-2018 - SD)
STATE OF SOUTH DAKOTA v. JANNO KOLLAY TALLA <table> <td>

Talla was born in Barentu, Eritrea, in 1984 and immigrated to the United States as a refugee sometime around 2012. After living in Charlotte, North Carolina, for a short time, he moved to Sioux Falls, where he began a relationship with Ammuna Gayya. The two moved in together, and in late 2013, Gayya became pregnant with Talla’s child. In August 2014, prior to their child’s birth, Talla obta... More...

$0 (06-09-2017 - SD)
STATE OF SOUTH DAKOTA v. JOSHUA THOMAS SPANIOL <table> <td>

In early October 2014, H.S. (Mother) noticed her four-year-old daughter, A.S., had a brown vaginal discharge. On October 6, Mother took A.S. to see Doctor Rebecca Pengilly. Dr. Pengilly took a sample and sent it to a lab for testing, expecting results in several days. [¶3.] On October 7, Joshua Spaniol, Mother’s husband and A.S.’s father, told Mother that his penis was painful, infl... More...

$0 (05-15-2017 - SD)
STATE OF SOUTH DAKOTA v. NATHAN DALE STOKES <table> <td>

Nathan Stokes is the ex-boyfriend of Lyndsey Braunesreither. The two met on Facebook and became involved in an on-and-off relationship for roughly four years. Stokes lived with Braunesreither in Sioux Falls from January 2014 to August or September 2014. They then dated casually until June or July 2015. They broke up at the end of July 2015. [¶3.] On August 13, 2015, Braunesreither returned... More...

$0 (05-15-2017 - SD)
Keith Mendenhall v. Lisa Swanson

[¶1.] Keith Mendenhall appeals a jury verdict awarding $211,710 to Lisa Swanson, his former wife, in compensatory and punitive damages for intentional infliction of emotional distress and alienation of affection. Keith argues the circuit court erred by admitting 14 exhibits consisting of court documents from prior proceedings. We reverse and remand.<br> Facts and Procedural History<br> [¶2.] Lis... More...

$0 (01-04-2017 - SD)
<b>STATE OF SOUTH DAKOTAv. MARICELA DIAZ</b>

On November 10, 2009, law enforcement officers and firefighters <br> responded to a vehicle fire in a wooded area of Hanson County near Mitchell, South <br> Dakota. After extinguishing the fire, they discovered a badly burned body in the <br> vehicle’s trunk, later identified as 16-year-old Jasmine Guevara. The autopsy <br> revealed that Guevara had been burned alive. <br> [¶3.] After trac... More...

$0 (11-24-2016 - SD)
United States of America v. Theodore Nelson, Jr. a/k/a Ted Nelson

Letcher Man Sentenced for Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide<br> <br> a Letcher, South Dakota, man who was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide after a two day jury trial in April of 2016 was sentenced on September 27, 2016, by U.S. District Judge Lawrence L. Piersol.<br> <br> Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, was senten... More...

$0 (10-04-2016 - SD)
MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. EMILY LOU SMITH

Minnehaha County Deputy Sheriff Adam Zishka arrested Emily Lou <br> Smith on September 30, 2014. She was later indicted for several offenses, including <br> three counts of simple assault against a law enforcement officer. In October 2014, <br> Smith served a subpoena duces tecum on Minnehaha County Sheriff Mike Milstead <br> requesting production of “[a]ll disciplinary records/reprimands/comp... More...

$0 (07-29-2016 - SD)
MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. JOSEPH PATRICK JOHNSON

On April 30, 2014, Minnehaha County Detectives Joe Bosman, Craig <br> Butler, and Ryan Qualseth arrested Joseph Patrick Johnson on a misdemeanor <br> child-support warrant. He was later indicted for several offenses, including two <br> counts of simple assault against a law enforcement officer (Detective Qualseth). <br> Detective Qualseth was the only detective involved in the physical altercati... More...

$0 (07-29-2016 - SD)
State of South Dakota v. Braiden McCahren

On September 23, 2014, a jury found McCahren guilty of second-degree <br> murder of Dalton Williams and aggravated assault of Tyus Youngberg. The jury <br> heard testimony from Tyus Youngberg. He testified that the death was a result of <br> an incident on December 18, 2012. Youngberg testified that McCahren, Youngberg, <br> and Williams were at McCahren’s house when McCahren went to a gun ra... More...

$0 (04-22-2016 - SD)
STATE OF SOUTH DAKOTA v. MAURICE SANDERS

Sanders was indicted on one count of forgery in violation of SDCL 22<br> 39-36.1 Two and one-half years later, while incarcerated in Illinois, he made a <br> request for disposition of the indictment. Pursuant to that request, he was returned <br> to South Dakota to face the indictment under the Interstate Agreement on <br> Detainers Act. With the assistance of court-appointed counsel, Sanders ... More...

$0 (04-09-2016 - SD)
STATE OF SOUTH DAKOTA v. DOMINIC CONTINO LADU

Ladu, Tiffany Kelsey, Wyatt Kelsey, and others celebrated the 4th of <br> July drinking at Tiffany’s apartment. Ladu and Tiffany were dating. Wyatt and <br> Tiffany are brother and sister. Wyatt lived with Tiffany in the apartment, although <br> Tiffany was the only person on the lease. Ladu did not live in the apartment with <br> Tiffany and Wyatt. <br> [¶3.] Ladu argued with another par... More...

$0 (02-26-2016 - SD)
STATE OF SOUTH DAKOTA v. CHIPPS

A jury convicted Christopher Lee Chipps of one count of second-degree <br> burglary and four counts of identity theft. Facing a second trial for additional <br> criminal activity, Chipps pleaded guilty to one count of grand theft. He now appeals <br> his jury convictions and sentences imposed for each of the foregoing crimes. Chipps <br> asserts that he did not receive effective assistance of c... More...

$0 (01-29-2016 - SD)
State Of Nebraska v. Cullen

Cash Christopher Bell, born in October 2012, was the son of Christopher (Chris) Bell and Ashley Bell. Prior to the events summarized below, Cash had no medical issues. In January 2013, the Bells hired Cullen to work temporarily as a nanny for Cash in their home, pending the opening of a new daycare in June 2013. Cullen’s first day alone with Cash was on January 7, when Ashley returned to work fr... More...

$0 (11-12-2015 - SD)
Barbara Donat v. Cory Johnson

[¶1.] Barbara Donat obtained a protection order against Cory Johnson. Johnson appeals, contending that the circuit court clearly erred in its factual findings, abused its discretion in granting the protection order, violated Johnson's due process rights, erred in permitting "other acts” evidence, applied an unconstitutionally vague statute, and abused its discretion in crafting the protecti... More...

$0 (03-25-2015 - SD)
Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending... More...

$0 (04-15-2015 - SD)
United States of America v. Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A Hundred

Pierre, SD - A Takini, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on February 11, 2015, by U.S. District Judge Roberto A. Lange.<br> <br> Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A Hundred, age 62, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.<br... More...

$0 (02-13-2015 - 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)
David Thyen v. Hubbard Feeds, Inc.

[¶1.] In this workers' compensation appeal, we reverse and remand for a new hearing before the Department of Labor to consider the employee's claim that the employer intentionally destroyed relevant evidence that would have assisted the employee in establishing causation for his injuries.<br><br>Background<br><br>[¶2.] Claimant, David Thyen, has worked for Hubbard Feeds, Inc. since January 30, 2... More...

$0 (09-21-2011 - SD)
Cindy Tolle v. Peter Lev

[¶1.] Cindy Tolle sued Peter Lev for damages for failing to transfer ownership of a cabin situated on land owned by the government in a national park. She also sued Lev for tortious interference with a business relationship she claimed with an employer. The circuit court granted summary judgment on both claims. We affirm the dismissal of the tortious interference claim but reverse and remand on t... More...

$0 (09-28-2011 - SD)
Floyd Demaray v. De Smet Farm Mutual Insurance Company

[¶1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within policy coverage, and therefore, the insurance company breached its duty to defend. On appeal, ... More...

$0 (07-20-2011 - 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. § 1983 claim and other state claims.2 Hart appeals. We affirm in part and reverse in part.<br> <br> FACTS AND PROCEDURE<br> <br> [¶ 2.] On February 17, 1996, at approximately 1:00... More...

$0 (04-19-2000 - SD)