Lawsuit filed by prison guard's widow headed to state court



    SIOUX FALLS, S.D. (AP) - A federal judge has dismissed a portion of a wrongful death lawsuit filed by the widow of a South Dakota State Penitentiary guard slain by inmates three years ago. 
 
    U.S. District Judge Lawrence Piersol dismissed a claim in the lawsuit filed against the South Dakota Department of Corrections but remanded other claims to a state court.
 
     Lynette Johnson alleges that lackadaisical behavior by state prison officials enabled Rodney Berget and Eric Robert to kill her husband during a failed escape attempt in 2011. 
 
     The Department of Corrections has argued that the suit fails to show that Ronald Johnson's safety was disregarded. 
 
    Piersol in his opinion wrote that the lawsuit's wrongful death claim and emotional distress claim can be pursued in state court.

     
 AP-WF-05-21-14 

Filed Under :  
Topics : Law_Crime
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Locations : South Dakota
People : Eric RobertLawrence PiersolLynette JohnsonRodney BergetRonald Johnson
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