Sisney v. Kaemingk, No. 20-2460 (8th Cir. 2021)Annotate this Case
Plaintiff filed suit challenging the South Dakota State Penitentiary's pornography policy under the First and Fourteenth Amendments. Plaintiff named as defendants four South Dakota corrections officials in their official capacities. The district court granted in part and denied in part the parties' motions for summary judgment.
In regard to plaintiff's as-applied challenges, the Eighth Circuit applied the Turner v. Safely, 482 U.S. 78 (1987), factors and concluded that the district court erred in granting summary judgment for plaintiff on his claim that the policy is unconstitutional as applied to two erotic novels because defendants were within their discretion to censor these books. However, the district court properly granted summary judgment for plaintiff on his claim that the policy is unconstitutional as applied to the art book and nine pictures of Renaissance artwork.
In regard to plaintiff's facial challenges, the court dismissed as moot plaintiff's claim that the prohibition on nudity is overbroad, but plaintiff's claim that the prohibition on sexually explicit content is overbroad remains a live case or controversy based on the court's reversal of the district court's ruling on his as-applied challenges regarding the erotic novels. The court read the policy in light of the doctrine of constitutional avoidance and concluded that plaintiff failed to show that the policy's prohibition on sexually explicit content is "substantially overbroad." The court concluded that although plaintiff's resolution of plaintiff's as-applied challenges does not moot his claim that the policy's prohibition on sexually explicit content is overbroad, this claim fails on the merits. Finally, the court dismissed as moot plaintiff's request for coercive sanctions, denied his request for compensatory sanctions, and denied plaintiff's request for sanctions for defendants' alleged violations of the district court's orders. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.