Kanaly v. State by and Through Janklow

This is an appeal from an order dismissing intervenor Ethel Hagen’s second amended complaint. We affirm.

The complaint in intervention, as amended, seeks to revisit the constitutionality and propriety of Chapter 138 of the 1984 South Dakota Session Laws (S.B. 221). Senate Bill 221 converted the campus of the University of South Dakota, Springfield, from an educational institution into a minimum security prison and transferred control of the Springfield prison to the Board of Charities and Corrections.

In Kanaly v. State, 368 N.W.2d 819 (S.D.1985) (Kanaly I), this court dealt with the…