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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
Special Collection Post-PLRA enforceable consent decrees
Case Summary
On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action under 42 U.S.C. § 1983 in the U.S. District Court of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and Fourteenth Amendments ... read more >
On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action under 42 U.S.C. § 1983 in the U.S. District Court of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and Fourteenth Amendments. The 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 was one alleged factor for the medication denial. The 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 of "All individuals who are now or who will be in the future incarcerated at the South Dakota Women's Prison and who are denied or delayed access to medication or medical treatment that has been prescribed by a treating medical doctor . . . based on decisions made by persons who are not themselves medical doctors." 2008 WL 4774895. On Dec. 08, 2008, the United States Court of Appeals for the Eighth Circuit denied the defendants' appeal of the certification decision.

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 a class action settlement and consent decree. 2012 WL 1339148. The defendants agreed that no prescription medication or dosage would be substituted, changed, increased, reduced or discontinued except under the direction of a qualified physician or other person authorized by law to prescribe medications. The settlement noted that the duration of the agreement would be in accordance with the requirements of the Prison Litigation Reform Act. That means the case was terminable by the defendant after a period of two years of enforcement. Each party agreed to bear its own costs and attorney's fees with the plaintiffs' attorney agreeing to donate his time, and the court maintained jurisdiction for the remainder of the decree. The case has been long dormant.

Dan Dalton - 11/30/2007
Jessica Kincaid - 11/17/2013
Emily Kempa - 03/10/2019


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Classification / placement
Medical/Mental Health
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) S.D. Department of Corrections
Plaintiff Description All individuals who are now or who will be in the future incarcerated at the South Dakota Women's Prison and who are denied or delayed access to medication or medical treatment that has been prescribed by a treating medical doctor (M.D.), based on decisions made by persons who are not themselves medical doctors.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
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
Filing Year 2007
Case Closing Year 2012
Case Ongoing Perhaps, but long-dormant
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:07-cv-03040-CBK (D.S.D.)
PC-SD-0005-9000.pdf | Detail
Date: 04/20/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint
PC-SD-0005-0001.pdf | Detail
Date: 11/21/2007
Opinion and Order [ECF# 14] (D.S.D.)
PC-SD-0005-0002.pdf | Detail
Date: 03/12/2008
Source: PACER [Public Access to Court Electronic Records]
ORDER AND OPINION GRANTING CLASS CERTIFICATION [ECF# 32] (2008 WL 4774895) (D.S.D.)
PC-SD-0005-0003.pdf | WESTLAW | Detail
Date: 10/31/2008
Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint [ECF# 62]
PC-SD-0005-0005.pdf | Detail
Date: 02/02/2012
Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Approval of Settlement [ECF# 66]
PC-SD-0005-0006.pdf | Detail
Date: 02/24/2012
Source: PACER [Public Access to Court Electronic Records]
ORDER APPROVING CLASS ACTION SETTLEMENT AND CONSENT DECREE [ECF# 73] (D.S.D.)
PC-SD-0005-0004.pdf | Detail
Date: 04/17/2012
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Kornmann, Charles B. (D.S.D.) show/hide docs
PC-SD-0005-0002 | PC-SD-0005-0003 | PC-SD-0005-0004 | PC-SD-0005-9000
Plaintiff's Lawyers Abourezk, Michael Charles (South Dakota) show/hide docs
PC-SD-0005-0001 | PC-SD-0005-0005 | PC-SD-0005-0006 | PC-SD-0005-9000
MacNally, Shiloh M (South Dakota) show/hide docs
PC-SD-0005-9000
Defendant's Lawyers Grode, Patrick M (South Dakota) show/hide docs
PC-SD-0005-0006 | PC-SD-0005-9000
Shaw, Michael F (South Dakota) show/hide docs
PC-SD-0005-0006 | PC-SD-0005-9000

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