RANDALL F. MASAD and LORI J. MASAD, Plaintiffs and Appellants, v. DOUG WEBER, BOB KUEMPER, DENNIS BLOCK, DARYL SLYKHUIS, OWEN SPURREL, ROBERT RAE, TOM LINNEWEBER, BARB BOLDT, KRISTIN JENSEN, JEREMY ROLAND, RANDY FLICK, JEFF BAKER, DARIN YOUNG, LAUREL PAULSON, DAVID LENTSCH, JODI WIESE, BRAD WOODWARD, LARRY WEINS, JORGENE WILLIAMS, SANDY WECHSLER, TROY PONTO, CHUCK GILSON, HARLAN TJEERDSMA, SHERRY O'CONNOR, NANCY CHRISTIANSEN, AARON MACH, KIRK GREENWOOD, BILL VANDERWOUDE, ANGELA HAWKEY, SAVELLA OLESEN, PAUL KURLE, JARED BROESDER, RYAN FETERL, RICK LESLIE, CHAD STRAATMEYER, CRYSTAL VAN VOOREN, DAROLD DIEDE, JODI STETTNICHS, AND JOHN DOE DEFENDANTS 1 -10, Defendants and Appellees., 2009 SD 80

Summary

The DOC entered into a contract with a catering company to provide food services to a prison. After being assaulted by an inmate, the employee filed suit, alleging negligence by the DOC in classifying the inmate's risk statute, failing to prevent him from gaining access to the kitchen, and failing to properly supervise him. On review, the court held that the employee's negligence claim was not barred by S.D. Codified Laws §§ 3-21-8 and 3-21-9(5), the former of which rendered the state immune from liability for failing to provide sufficient equipment and personnel and the latter of which afforded immunity from liability for injury resulting from services administered at a correctional facility. Because the employee claimed that the DOC negligently performed its duties, not that it failed to provide a service, equipment, or personnel, summary judgment was improper. However, summary judgment was proper as to the employee's claim under S.D. Codified Laws § 53-2-6 as a third-party ...