Sisney v. Kaemingk

Plaintiff filed a 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 Eighth Circuit found it prudent to decide whether the policy was constitutional as applied to plaintiff before reaching his facial challenges. However, the court could not adopt the district court's as-applied analysis because it was error to resurrect and apply the 2000 Policy. The court explained that this was not the policy that plaintiff actually challenged, nor was it the authority under which SDSP staff withheld the rejected materials. Accordingly, the court vacated the district court's summary judgment order and remanded for it to reevaluate defendant's as-applied claims based on the 2014 Policy. View "Sisney v. Kaemingk" on Justia Law