No person, political subdivision, or the state is liable for failure to provide a prison, jail, or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, programs, facilities, or services in a prison or other correctional facility.
S.D. Codified Laws § 3-21-8
No liability for failure to provide correctional facilities or equipment, services, etc., therein
Applied in 10 court decisions — leading case Casazza v. State (2000)
Most recently applied in MASAD v. Weber (August 2009)
Source: SL 1986, ch 4, § 10.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.