S.D. Codified Laws § 26-6-43

A person may assert a violation of §§ 26-6-36 to 26-6-50, inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state, a private person, or any other party. Notwithstanding any other provisions of law, an action under the provisions of §§ 26-6-36 to 26-6-50, inclusive, may be commenced, and relief may be granted, in a court of the state without regard to whether the person commencing the action has sought or exhausted any available administrative remedies.