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Sisney v. State

South Dakota Supreme Court
754 N.W.2d 639 (2008)


CNB, Inc. (defendant) contracted with the State of South Dakota (defendant) to provide food service to the state’s department of corrections (DOC) facilities. In 2007, CBN began serving a different menu at DOC facilities. Charles Sisney (plaintiff), a Jewish prison inmate who followed a kosher diet as part of his religion, filed an administrative complaint with the DOC alleging that the new menu included kosher meals that averaged 400-500 fewer calories than the minimum required under the state’s contract with CBN. Douglas Weber (defendant), the director of prison operations, rejected Sisney’s complaint. Thereafter, Sisney filed suit against the State, CBN, and Weber (collectively Defendants) alleging that CBN breached its contract with the state by failing to adhere to the correct calorie count in its kosher meals. Sisney claimed he was a third-party beneficiary to the contract. The trial court dismissed Sisney’s complaint for failure to state a claim and held that Sisney lacked standing to sue as a third-party beneficiary. Sisney appealed. The South Dakota Supreme Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Zinter, J.)

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