SISNEY v. KAEMINGK

No. 16-4313, No. 16-4480.

886 F.3d 692 (2018)

Charles E. SISNEY, Plaintiff-Appellee v. Denny KAEMINGK, in his official capacity as the South Dakota Secretary of Corrections; Darin Young, in his official capacity as the Warden of the South Dakota State Penitentiary; Sharon Reimann, in her official capacity as an SDSP designated Mailroom Officer; Craig Mousel, in his official capacity as an SDSP designated Property Officer, Defendants-Appellants American Civil Liberties Union of South Dakota, Amicus Curiae National Coalition Against Censorship, Amicus on Behalf of Appellee(s) Charles E. Sisney, Plaintiff-Appellant v. Denny Kaemingk, in his official capacity as the South Dakota Secretary of Corrections; Darin Young, in his official capacity as the Warden of the South Dakota State Penitentiary; Sharon Reimann, in her official capacity as an SDSP designated Mailroom Officer; Craig Mousel, in his official capacity as an SDSP designated Property Officer, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 30, 2018.


Attorney(s) appearing for the Case

Steven R. Morrison , Grand Forks, ND, for Plaintiff-Appellee.

Charles E. Sisney, Sioux Falls, SD, Pro Se.

Frank E. Geaghan , Assistant Attorney General, Paul Sanford Swedlund , ATTORNEY GENERAL'S OFFICE, Pierre, SD, for Defendants-Appellees.

Before GRUENDER and BENTON, Circuit Judges, and TUNHEIM, District Judge.


Inmate Charles Sisney brought this pro se civil rights action against four South Dakota corrections officials, asserting both facial and as-applied challenges to the State's prison-pornography policy. The district court construed Sisney's facial challenges to two distinct provisions of the policy as a single attack...

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