HANCOCK v. JUVENILE SERVICES CENTER

No. 22183.

647 N.W.2d 722 (2002)

2002 SD 69

Nicholas W. HANCOCK, Plaintiff and Appellant, v. WESTERN SOUTH DAKOTA JUVENILE SERVICES CENTER, Carla Leveque, Defendants and Appellees, and DeAnn Myers, Lori Lindblom and Jackson Nursing, Inc., Defendants.

Supreme Court of South Dakota.

Decided June 12, 2002.


Attorney(s) appearing for the Case

Steven M. Christensen of Christiansen & Frederickson, Deadwood, for appellant.

James S. Nelson, Donald P. Knudsen of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for appellees.


MILLER, Retired Justice, Acting By Appointment.

[¶ 1.] In this appeal we affirm the circuit court and hold that the "open courts" provision of the state constitution does not abolish sovereign immunity. Specifically, we hold that there is no constitutional violation by the statutes which, among other things, provide immunity for failure to provide sufficient personnel, programs, services and the like in a prison or correctional facility.

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