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Dale v. Kaemingk

United States District Court, D. South Dakota, Southern Division

November 23, 2016

JAMES IRVING DALE, BRIAN MICHAEL HOLZER, MICHAEL EUGENE KOCH, DEMETRIUS PETRO COLAITES, TREVOR JOHN ERICKSON, GUY ALLEN BLESI, KEVIN CHRISTOPHER CRANK, JAMES EDWARD HAYES, EDWARD EUGENE DARITY, JOSIA JEREMIAH FUERST, ROBERT EUGENE BLACKWELL, JEFFERY JACOB-DANIEL KLINGHAGEN, DENNIS LOUIS STANISHII, UNKNOWN MIKE DURFEE STATE PRISON INMATES, Plaintiffs,
v.
DENNIS KAEMINGK, SOUTH DAKOTA SECRETARY OF CORRECTIONS; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; ROBERT DOOLEY, WARDEN AT MDSP AND THE DIRECTOR OF PRISON OPERATIONS FOR THE SOUTH DAKOTA DOC; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; JOSHUA KLIMEK, UNIT MANAGER AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; TAMMY DEJONG, UNIT COORDINATOR AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; SUSAN JACOBS, ASSOCIATE WARDEN AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; REBECCA SCHIEFFER, ASSOCIATE WARDEN AND THE ADMINISTRATIVE REMEDY COORDINATOR AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; JENNIFER STANWICK, DEPUTY WARDEN AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; MICHAEL DOYLE, CORRECTIONAL OFFICER, WITH THE RANK MAJOR, AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; JEREMY LARSON, CORRECTIONAL OFFICER, WITH THE RANK SERGEANT, AND THE DISCIPLINARY HEARING OFFICER AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; COREY TYLER, CORRECTIONAL OFFICER, WITH THE RANK SERGEANT, AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; MICHAEL MEYER, CORRECTIONAL OFFICER AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; KELLY TJEERDSMA, CORRECTIONAL OFFICER, WITH THE RANK CORPORAL, AT MDSP; IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY; LORI DROTZMAN, GENERAL EDUCATION DIPLOMA TEACHER, WHO ALSO IS IN CHARGE OF THE LAW LIBRARY AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; MICHAEL JOE HANVEY, PHYSICIANS ASSISTANT AND HEALTH CARE PROVIDER AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; ANDRA GATES, NURSING SUPERVISOR AND HEALTH CARE PROVIDER AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; KELLY SWANSON, HEALTH SERVICES SUPERVISOR AT MDSP; IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY; STEPHANIE HAMILTON, NURSE AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; MARY CARPENTER, EMPLOYEE OF THE SOUTH DAKOTA DEPARTMENT OF HEALTH AND ASSISTS WITH INMATE HEALTH CARE DECISIONS FOR INMATES INCARCERATED AT MDSP; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; BARRY SCHROETER, SUPERVISOR FOR CBM CORRECTIONAL FOOD SERVICES AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; JENNIFER BENBOON, DIETITIAN EMPLOYED BY CBM CORRECTIONAL FOOD SERVICES; IN HER INDIVIDUAL AND OFFICIAL CAPACITY; CBM CORRECTIONAL FOOD SERVICES, PRIVATE FOR PROFIT COMPANY CONTRACTED BY THE SOUTH DAKOTA DOC TO PROVIDE MEALS TO INMATES INCARCERATED AT MDSP; DELMAR SONNY WALTERS, ATTORNEY AT LAW CONTRACTED BY THE SOUTH DAKOTA DOC TO PROVIDE LEGAL SERVICES TO INMATES INCARCERATED AT MDSP; IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; UNKNOWN DEPARTMENT OF CORRECTIONS EMPLOYEES, CORRECTIONAL OFFICERS EMPLOYED BY THE SOUTH DAKOTA DOC WHO WORK AT MDSP; UNKNOWN DEPARTMENT OF CORRECTIONS HEALTH SERVICES STAFF, HEALTH SERVICES DEPARTMENT STAFF EMPLOYED BY THE SOUTH DAKOTA DOC TO PROVIDE HEALTH CARE FOR INMATES INCARCERATED AT MDSP; AND UNKNOWN CBM CORRECTIONAL FOOD SERVICES EMPLOYEES, EMPLOYEES OF CBM CORRECTIONAL FOOD SERVICES AT MDSP; Defendants.

          ORDER ADOPTING REPORTS AND RECOMMENDATIONS, DISMISSING IN PART, AND DIRECTING SERVICE

          ROBERTO A. LANGE7 UNITED STATES DISTRICT JUDGE

         Plaintiffs brought this lawsuit challenging certain conditions of confinement at the Mike Durfee State Prison ("MDSP") under 42 U.S.C. § 1983. Pursuant to a standing order, the case is referred to Magistrate Judge Veronica L. Duffy. Judge Duffy has issued reports and recommendations in this case, two of which this Court has not yet ruled upon: 1) Report and Recommendation on Screening, Doc. 98; and 2) Report and Recommendation recommending dismissal of the claims of lead Plaintiff James Irving Dale ("Dale"), Doc. 108.

         Review of a magistrate judge's report and recommendation is governed by 28 U.S.C. § 636 and Rule 72 of the Federal Rules of Civil Procedure. Under 28 U.S.C. § 636(b)(1), a district court reviews de novo any objections that are timely made and specific. See Fed.R.Civ.P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.").

         There were no objections to the Report and Recommendation on Screening, Doc. 98. This Court has reviewed the Report and Recommendation on Screening and finds it appropriate to adopt in full.

         Dale objected to the Report and Recommendation recommending dismissal of his claims. Docs. 108, 109. Dale acknowledged that he no longer was at MDSP and has been told that he will not be returning to MDSP, but alleged that his transfer was retaliatory in nature and that he might someday return to MDSP. Doc. 109. Since filing these objections to the Report and Recommendation, Dale has been released from prison. See South Dakota Department of Corrections, https://doc.sd.gov/adult/lookup/details/?id=1526 (last visited November 22, 2016) (stating that Dale was discharged from South Dakota custody on November 1, 2016).

         Dale sought no damages for past allegedly unconstitutional conditions, but only prospective declaratory and injunctive relief which other plaintiffs in this case may pursue. Under these circumstances, Dale's release from prison renders his claims moot. See Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999) (concluding that plaintiffs transfer to different prison facility rendered his claims for declaratory and injunctive relief moot); Hickman v. Missouri, 144 F.3d 1141, 1142-43 (8th Cir. 1998) (holding that prisoners' claims for declaratory relief under the ADA were moot once the prisoners were released on parole); Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985) ("[A] prisoner's claim for injunctive relief to improve prison conditions is moot if he or she is no longer subject to those conditions.").

         Therefore, it is hereby

         ORDERED that the Report and Recommendation on Screening, Doc. 98, is adopted. It is further

         ORDERED

         (1) That the following portions of the complaint and/or supporting documents are stricken because the corresponding formerly named plaintiffs have chosen to disassociate themselves from the lawsuit:

         Brian Holzer: Doc. 1, ¶ 2; Doc. 7 (Affidavit of Brian Holzer)

         Demetrius Colaites: Doc. 1, ¶¶ 4, 141, 142 and 143; Doc. 8 (Affidavit of Demetrius Petro Colaites)

         Trevor Erickson: Doc. 1, ¶¶ 5, 95 and 239; Doc. 10 (Affidavit of Trevor John Erickson)

         Kevin Crank: Doc. 1, ¶¶ 7, 224, 225, 226, 227 and 228; Doc. 12 ...


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