University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lambertz-Brinkman v. Reisch PC-SD-0005
Docket / Court 3:07-cv-03040-CBK ( D.S.D. )
State/Territory South Dakota
Case Type(s) Prison Conditions
Case Summary
On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action lawsuit under 42 U.S.C. §1983 in the U.S. District Court District of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and ... read more >
On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action lawsuit under 42 U.S.C. §1983 in the U.S. District Court District of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and Fourteenth Amendments. Plaintiffs alleged that they and other inmates were routinely denied medication that had been prescribed by their treating physicians on the orders of prison staff who were not doctors and not authorized to prescribe medication. Cost is alleged to have been one factor for the medication denial. Plaintiffs sought injunctive and declaratory relief, as well class certification.

On October 31, 2008, Judge Charles B. Kornmann granted the plaintiffs' motion for class certification. On Dec. 08, 2008, the United States Court of Appeals for the Eighth Circuit denied the defendants' appeal.

On April 04, 2011, the defendants moved to dismiss for failure to prosecute, which Judge Kornmann denied on June 10, 2011.

On April 17, 2012, Judge Kornmann approved the class action settlement and consent decree. The defendants agreed that no prescription medication or dosage will be substituted, changed, increased, reduced or discontinued except under the direction of a qualified physician or other person authorized by law to prescribe medications.

Dan Dalton - 11/30/2007
Jessica Kincaid - 11/17/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Classification / placement
Medical/Mental Health
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) S.D. Department of Corrections
Plaintiff Description All inmates at the South Dakota Women's Prison who are denied or delayed access to medication or medical treatment.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - n/a
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:07-cv-03040-CBK (D.S.D.) 04/20/2012
PC-SD-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 11/21/2007
PC-SD-0005-0001.pdf | Detail
Opinion and Order 03/12/2008 (D.S.D.)
PC-SD-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER AND OPINION GRANTING CLASS CERTIFICATION 10/31/2008 (2008 WL 4774895) (D.S.D.)
PC-SD-0005-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint 02/02/2012
PC-SD-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER APPROVING CLASS ACTION SETTLEMENT AND CONSENT DECREE 04/17/2012 (D.S.D.)
PC-SD-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kornmann, Charles B. (D.S.D.)
PC-SD-0005-0002 | PC-SD-0005-0003 | PC-SD-0005-0004 | PC-SD-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abourezk, Michael Charles (South Dakota)
PC-SD-0005-0001 | PC-SD-0005-0005 | PC-SD-0005-9000
MacNally, Shiloh M (South Dakota)
PC-SD-0005-9000
Defendant's Lawyers Grode, Patrick M (South Dakota)
PC-SD-0005-9000
Shaw, Michael F (South Dakota)
PC-SD-0005-9000
Other Lawyers None on record

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