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SISNEY v. STATE

No. 24684.

754 N.W.2d 639 (2008)

2008 SD 71

Charles E. SISNEY, Plaintiff and Appellant, v. STATE of South Dakota and CBM Inc. and Douglas Weber—Director of Prison Operations for South Dakota (in his official and individual capacities), Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 23, 2008.

Attorney(s) appearing for the Case

Charles E. Sisney, SD State Penitentiary, Sioux Falls, South Dakota, Pro se plaintiff and appellant.

Jeffrey L. Bratkiewicz, Michele A. Munson of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Charles E. Sisney, an inmate in the South Dakota State Penitentiary (SDSP), filed a pro se complaint against the State of South Dakota, Douglas Weber, and CBM Inc. (Defendants). Sisney alleged that CBM breached a state contract under which CBM agreed to provide food services to the State at Department of Correction (DOC) facilities. Sisney sought damages for breach of contract as a third-party beneficiary. He also asserted that...

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