Pursuant to S.D. Const., Art. III, § 27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity or defense available to any state entity or employee.
S.D. Codified Laws § 3-22-17
Suits against state authorized only to extent coverage provided in coverage document
Applied in 2 court decisions — leading case Sisney v. Reisch (2008)
Most recently applied in 536 F. Supp. 2d 1110 - Van Wyhe v. Reisch (February 2008)
Source: SL 1986, ch 413, § 18; SL 2010, ch 24, § 13.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.