Estate of Johnson Ex Rel. Johnson v. Weber

[¶1.] Lynette Johnson, individually and on behalf of the Estate of Ronald E. Johnson (collectively Johnson), appeals from an order granting summary judgment. Ronald E. Johnson (Ronald) was a South Dakota State Penitentiary correctional officer murdered by two inmates during an escape attempt. Johnson sued the Department of Corrections (DOC) and a number of its employees in state court. Count 3 of Johnson’s complaint alleged a constitutional claim, pursuant to 42 U.S.C. § 1983, for a violation of substantive due process rights under the state and federal constitutions. DOC removed the case to…